Hii^Hf H'M-HWUl'UB? 












G!ass__LS_lA_2^ 
Book .NU 



i"^ i S 



THE 



PUBLIC SCHOOL LAW 



OF 



NORTH CAROLINA 



BEING A PART OF 



CHAPTER 89, REVISAL OF 1905, AS AMENDED BY THE GENERAL 
ASSEMBLY OF 1907. 1909, 1911, 1913, AND 1915 



TOGETHER WITH 



EXPLANATORY NOTES AND DECISIONS OF 

THE STATE SUPERINTENDENT OF 

PUBLIC INSTRUCTION 



^/4''<^^y 



EALEIQH 
ISSUED FROM OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 

1915 



THE 



PUBLIC SCHOOL LAW 



i--^. 



OF 



NORTH CAROLINA 



BEING A PART OF 



CHAPTERI89, REVISAL OF 1905. AS AMENDED BY THE GENERAL ASSEMBLY 
OF 1907, 1909. 1911. 1913, AND 1915 



ISSUED FROM THE OFFICE OF THE 

STATE SUPERINTENDENT OF PUBLIC INSTRUCTION 

RALEIGH. 1915 






RALEIGH 

Edwards & Broughton Printing Company 

State Printers and Binders 

1915 



De Of D. 
JAN 16 1917 



o TABLE OF CONTENTS 

^ . PAGE 

Prefatory Note 4 

Education in Our Coxstitutiox 5 

New School Legislation, 1915. 

State-wide Law Authorizing Bonds for Sclioolhouses 8 

State-wide Law Authorizing Bonds for Schoolhouses in cities and 

towns 10 

The Educational Omnibus Bill and Explanations 12 

The Public School Law. 

I. Application of Chapter, Section 4029 24 

II. The State Board of Education, Sections 4030-4035 24 

III. Loans for Building Schoolhouses, Sections 4053-4056 26 

IV. The School System and Course of Study, Sections 4085-4088 27 

V. The General Powers and Duties of the State Superintendent, Sec- 
tions 4089-4092 28 

VI. School Funds Provided by the State, Sections 4093-4106 29 

VII. School Funds Provided by County and Local Taxation and Ap- 
portionment of Same, Sections 4107-4118 31 

VIII. The Powers and Duties of the County Board of Education, Sec- 
tions 4119-4134 38 

IX. The Powers and Duties of the County Superintendent, Sections 

4135-4144 44 

X. The Powers and Duties of School Committee, Sections 4145-4151. . 48 

XL The Treasurer of the School Fund, Sections 4152-4160 51 

XII. Privileges and Duties of Teachers, Sections 4161-4167 54 

XIII. Rural Libraries, Sections 4172-4179 60 

XIV. Separate Schools for Indians of Robeson County, Sections 4168- 

4171 62 

Text-book Law, Sections 4057-4084 64 

Public High School Law ." 72 

Deaf Children Must Attend School 76 

Scientific Temperance Instruction 77 

Health Law 79 

Special County Taxation for Schools 81 

Six-months School Term Law 82 

Compulsory Attendance Law 87 

Child Labor Law 92 

Guilford County Farm-life School Law (made to apply to all 

counties of the State) 93 

Women on School Boards 97 

County Farm-life Schools 98 

Coxstructioxs of the Public School Law 105 

Ixdex to the Public School JjAw 128 

Index to Constructions of Public School Law 135 



PREFATORY NOTE ^^^ 



This compilation of the Public School Laws of North Carolina is issued in 
this form, in accordance with section 4089 of The Revisal of 1905. 

All amendments to the General School Law made by the several General 
Assemblies since the compilation of the law in The Revisal of 1905 have been 
incorporated in the respective sections, and the amendments made by the 
General Assembly of 1915 are printed in italics in the amended sections. 
This compilation includes also the special acts of State-wide application relat- 
ing to public schools not included in the body of the public school law. 

The notes, decisions and other matter, it is hoped, will be found convenient 
and useful. 

A careful reading of the law by all school officers and teachers will prevent 
many mistakes and much burdensome correspondence and delay. 

J. Y. JOYNER, 

Superintendent of Puhlic Instruction. 
Raleigh, March, 1915. 



C~ ^r? ci — -^ 



EDUCATION IN OUR CONSTITUTION 



Article IX of the Constitution of North Carolina relates to education. It 
reads as follows: 

Section 1. Religion, morality and knowledge being necessary to good 
government and the happiness of mankind, schools and the means of educa- 
tion shall forever be encouraged. 

Sec. 2. The General Assembly, at its first session under this Constitution, 
shall provide by taxation and otherwise for a general and uniform system 
of public schools, wherein tuition shall be free of charge to all the children 
of the State between the ages of six and twenty-one years. And the children 
of the white race and the children of the colored race shall be taught in 
separate public schools; but there shall be no discrimination in favor of or 
to the prejudice of either race. 

Sec. 3. Each county of the State shall be divided into a convenient number 
of districts, in which one or more public schools shall be maintained at least 
four months in every year; and if the commissioners of any county shall fail 
to comply with the aforesaid requirements of this section they shall be liable 
to indictment. 

Sec. 4. The proceeds of all lands that have been or hereafter may be 
granted by the United States to this State and not otherwise appropriated by 
this State or the United States, also all money, stocks, bonds and other prop- 
erty now belonging to any State fund for purposes of education, also the net 
proceeds of all sales of the swamp lands belonging to the State, and all other 
grants, gifts or devises that have been or hereafter may be made to the State 
and not otherwise appropriated by the State or by the terms of the grant, 
gift or devise, shall be paid into the State Treasury, and, together with so 
much of the ordinary revenue of the State as may be by law set apart for that 
purpose, shall be faithfully appropriated for establishing and maintaining in 
this State a system of free public schools, and for no other uses or purposes 
whatsoever. 

Sec. 5. All moneys, stocks, bonds, and other property belonging to a 
county school fund, also the net proceeds from the sale of estrays, also the 
clear proceeds of all penalties and forfeitures and of all fines collected in the 
several counties for any breach of the penal or military laws of the State, 
and all moneys which shall be paid by persons as an equivalent for exemption 
from military duty shall belong to and remain in the several counties and 
shall be faithfully appropriated for establishing and maintaining free public 
schools in the several counties in this State: Provided, that the amount 
collected in each county shall be annually reported to the Superintendent of 
Public Instruction. 

Sec. 6. The General Assembly shall have power to provide for the election 
of trustees of the University of North Carolina, in whom, when chosen, shall 
be vested all the privileges, rights, franchises and endowments thereof in 
any wise granted to or conferred upon the trustees of said University; and 
the General Assembly may make such provisions, laws and regulations from 
time to time as may be necessary and expedient for the maintenance and 
management of said University. 



Sec. 7. The General Assembly shall provide that the benefits of the Uni- 
versity, as far as practicable, be extended to the youth of the State free of 
expense for tuition; also that all the property which has heretofore accrued 
to the State or shall hereafter accrue from escheats, unclaimed dividends 
or distributive shares of the estates of deceased persons shall be appropriated 
to the use of the University. 

Sec. 8. The Governor, Lieutenant-Governor, Secretary of State, Treasurer, 
Auditor, Superintendent of Public Instruction, and Attorney-General shall 
constitute a State Board of Education. 

Sec. 9. The Governor shall be president and the Superintendent of Public 
Instruction shall be secretary of the Board of Education. 

Sec. 10. The Board of Education shall succeed to all the powers and trusts 
of the president and directors of the literary fund of North Carolina, and 
shall have full power to legislate and make all needful rules and regulations 
in relation to free public schools and the educational fund of the State; 
but all acts, rules and regulations of said board may be altered, amended or 
repealed by the General Assembly, and when so altered, amended or repealed 
they shall not be reenacted by the board. 

Sec. 11. The first session of the Board of Education shall be held at the 
capital of the State within fifteen days after the organization of the State 
Government under this Constitution; the time of future meetings may be 
determined by the board. 

Sec. 12. A majority of the board shall constitute a quorum for the trans- 
action of business. 

Sec. 13. The contingent expenses of the board shall be provided by the 
General Assembly. 

Sec. 14. As soon as practicable after the adoption of this Constitution 
the General Assembly shall establish and maintain in connection with the 
University a department of agriculture, of mechanics, of mining and of 
normal instruction. 

Sec. 15. The General Assembly is hereby empowered to enact that every 
child of sufficient mental and physical ability shall attend the public schools 
during the period between the ages of six and eighteen years for a term of 
not less than sixteen months, unless educated by other means. 



Sec. 27. The people have the right to the privilege of education, and 
it is the duty of the State to guard and maintain that right. — Bill of Rights, 
North Carolina Constitution. 



EDUCATIONAL QUALIFICATION FOR SUFFRAGE. 

Article VI, section 4, of the Constitution of North Carolina contains the 
following: 

Every person presenting himself for registration shall be able to read and 
write any section of the Constitution in the English language; and before 
he shall be entitled to vote he shall have paid, on or before the first day of May 
of the year in which he proposes to vote, his poll tax for the previous year, 
as prescribed by Article V, section 1, of the Constitution. But no male person 
who was on January 1, 1867, or at any time prior thereto, entitled to vote 
under the laws of any State in the United States wherein he then resided, 
and no lineal descendant of any such person, shall be denied the right to 
register and vote at any election in this State by reason of his failure tO; 
possess the educational qualifications herein prescribed: Provided, he shall 
have registered in accordance with the terms of this section prior to Decem- 
ber 1, 1908. 



NEW SCHOOL LEGISLATION, 1915 



A STATE-WIDE BOND ACT FOR SCHOOL BUILDINGS 



AN ACT TO PERMIT COUNTIES, TOWNSHIPS AND CERTAIN SCHOOL 
DISTRICTS TO ISSUE BONDS TO BUILD SCHOOLHOUSES. 

The Geyieral AssemNy of North Carolina do enact: 

Section 1. The hoard of county commissioners of any county in the State 
shall, upon the petition of the county hoard of education, order an election 
after thirty days' notice at the courthouse door and a publication of four 
weeks in some newspaper published in the county, to be held in any county, 
toiunship or school district tchich embraces an incorporated toivn or city, or 
in which there is maintained a public high school, to ascertain whether the 
voters in said county, toiunship or school district are in favor of issuing bonds 
for the purpose of building, rebuilding and repairing schoolhouses and 
furnishing the same with suitable equipment. The amount of bonds to be 
issued and the rate of interest they are to bear ivhich shall not be more than 
6 per cent per annum, payable semi-annually, and the length of time the 
bonds are to run, which shall not be more than twenty years, and the maxi- 
mum tax that may be levied, which shall not exceed thirty cents on the one 
hundred dollars and ninety cents on the poll, shall be set forth in the petition 
of the county board of education and in the order for the election made by 
the board of county commissioners. In no case shall the bonds authorized 
under this act for an entire county exceed the sum of one hundred thousand 
dollars, nor for a township or school district the sum of twenty-five thousand 
dollars; but the bonds for a township or school district may be in addition 
to the bonds for the entire county. 

Sec. 2. The election for an entire county shall be held under the rules 
and regulations governing general elections as near as Tnay be, and if for a 
township or school district, then under the rules and regulations governing 
elections in special tax districts as prescribed in section four -thousand one 
hundred and fifteen of the Revisal of one thousand nine hundred and five; 
but where the election be for a county or for a township or school district 
a new registration shall be ordered. At said election those favoring the 
issuance of bonds and the levying of a special tax shall vote a ballot on which 
shall be printed the words ''For Schoolhouse Bonds,'' and those who are 
opposed shall vote a ballot on ivhich shall be printed the ivords "Against 
Schoolhouse Bonds." The expenses of holding such elections shall be paid 
out of the general school fund of the county. 

Sec. 3. If a majority of the qualified voters shall vote ''For Schoolhouse 
Bonds," then it shall be the duty of the county board of commissioners to 
issue bonds not exceeding the amount specified in the order of election as 
the county board of education may request, and shall thereafter annually 
levy a sufficient tax not exceeding the amount specified in the order of 
election to pay the interest on said bonds and create a sinking fund sufficient 
to pay the principal and interest on said bonds when they fall due. 



Sec. 4. The said bonds tvhen so issued shall he delivered to the county 
hoard of education, who shall sell the same for not less than par and hold 
the proceeds for the benefit of the county building fund if the election be for 
the entire county or for the benefit of the toivnship or school district in which 
the election was held. The said fund shall be paid out upon the order of the 
com7nittee or trustees of the township or school district to which the fund 
belongs, and upon order of the board of education if the fund belongs to 
the entire county. The sinking fund provided for by this act shall be in- 
vested by the county board of education in safe securities or may be deposited 
in the bank that will pay as much as four per cent per annum compounded 
quarterly, and will give a sufficient bond for the safety of such deposit. 

Sec. 5. That the taxes levied hereunder shall be collected by the sheriff 
or other officer charged with the collection of other taxes, and they shall in 
respect thereto be liable officially as ivell as personally to all requirements of 
the law now or hereafter to be prescribed for the faithful collection and 
payment of other county taxes. 

Sec. 6. This act shall be in effect from and after its ratification. 

In the General Assembly read three times and ratified this the 26th day of 
February, 1915. 

1915, c. 55. 



BONDS FOR SCHOOLS IN CITIES AND TOWNS 



AN ACT TO AUTHORIZE THE BOARD OF ALDERMEN OR OTHER GOV- 
ERNING BODY OP TOWNS AND CITIES TO ISSUE UPON APPROVAL 
BY VOTE OP THE PEOPLE BONDS POR PURCHASING SITES, ERECT- 
ING BUILDINGS, ETC., FOR SCHOOL PURPOSES. 

The General Assembly of North Carolina do enact: 

Section 1. That whenever it shall he necessary in the judgment-- of the 
hoard of aldermen or other duly constituted authority of any incorporated 
town or city in the State, which is in charge of its finances to purchase 
lands or buildings or to erect additional buildings for school purposes, said 
board of aldermen or other authority is authori^d and empowered to issue 
for said purposes in the name of said town or city, bonds of such amounts 
as said board of aldermen or other authority may deem necessary in such 
denominations and forms as said board of aldermen or other authority may 
determine: Provided, that the time of the payment of the principal of suc'h 
bonds shall not he more than thirty years from the date thereof: and. Pro- 
vided, further, that said bonds shall be serial bonds, the proportionate parts 
thereof being payable annually during the term for which they are issued. 

Sec. 2. That said bonds shall bear interest at no greater rate of interest 
than six per cent per annum, payable semi-annually. In no case shall the 
bonds be sold, hypothecated or otherivise disposed of for less than their 
par value. 

Sec. 8. That said bonds shall he signed by the mayor, attested by the 
town or city clerk or treasurer, and sealed ^with the corporate seal of said 
town or city, and shall bear the signature of the town or city clerk and 
treasurer written, engraved or lithographed. The purchaser of said bonds 
shall not be bound to see to the application of the purchase money. Said 
bonds and their coupons shall be exempt from town or city taxation until 
after they become due, and the coupons shall be receivable in payment of 
town or city -taxes. The said bonds shall be sold at either public or private 
sale with or without notice, as the said board of aldermen or other authority 
may determine. 

Sec. 4. That the board of aldermen or other proper authority of said 
towns and cities is hereby authorized to levy and collect each year, in addi- 
tion to all other taxes in said city, an ad valorem tax upon all the taxable 
property in said city, sufficient to pay the interest on said school bonds (,i^ 
the same become due, and also at or before the time when the principal of 
the said bonds become due, a further uniform ad valorem tax upon all taxable 
property in said city, sufficient to pay the same or provide for the payment 
thereof; such taxes shall be levied and collected at the same time and in the 
same manner as other taxes are levied and collected upon property in said 
city: Provided, that the taxes collected under this act for the payment of 
said bonds and coupons, shall be used for no other purpose, and it shall be 
the duty of the clerk and treasurer of said town or city, as said coupons are 
paid off and taken up, to cancel the same and report not less than twice a 
year to the board of aldermen or other proper authority the numbers and 
amounts of the coupons so cancelled. 



11 

Sec. 5. That the question of the issue of said bonds shall be submitted 
to a vote of the qualified voters of each town or city at, such time as the 
board of aldermen or other proper authority of the town or city shall deter- 
mine under the rules and regulations prescribed for the election of the mayor 
and members of the board of aldermen of said city; the said board of alder- 
men or other authority shall cause a notice of said election and the purpose 
of same to be published in soyne newspaper of said town or city for thirty 
days before said election and the clerk of the superior court of the county 
in which said town or city is located shall cause to be prepared and dis- 
tributed at the various polling places in the said tow7i or city a sufficient 
number of printed ballots favoring the issue of said bonds and a like n^unber 
against the same; the said board of aldermen or other authority shall cause 
to be prepared and delivered at each polling place in the said town or city 
a, ballot box indicating the purpose of the bond issue to be voted therein, as 

follows; ''Sclwol Bonds $ . .' " (stating the amount authorized by 

the said board of aldermen or other authority). All qualified voters wishing 
to vote in favor of the issuing of said bonds and levying the taxes herein 
provided for, shall vote a written or printed ticket with the words "For 
School Bonds,'' and those wishing to vote against issuing said bonds and the 
levying of the taxes herein provided for shall vote a printed or written ticket 
with the iDords thereon "Against School Bonds." If a majority of said 
qualified voters shall vote "For School Bonds'' on the proposition submitted 
for issuing bonds for the purpose aforesaid, then it shall be deemed and held 
that the proposition receiving a majority of such qualified votes is favored 
and approved by the majority of the qualified voters of such town or city, 
and the said board of aldermen or other authority of such town or city shall 
cause to be prepared and issued for the purpose so approved of by a majority 
of the qualified voters of said town or city and levy taxes in accordance with 
the provisions of this act. 

Sec. 6. That the registration for the election shall be, if the said board of 
aldermen or other authority shall so order, the same as that which is or 
may be provided for the election of the mayor or other officers of said town 
or city, or the said board of aldermen or other authority may, in their dis- 
cretion, order a neiv registration in the manner provided by law for neiv 
registration for election of said mayor and other officers, which said new regis- 
tration may be especially for said bond election. 

Sec. 7. That this act shall apply to towns or cities which have powers 
under special acts or charters as well as to those who derive their powers 
from the general law. 

,Sec. 8. That this act shall not be deemed or construed to repeal or abridge 
any powers, rights or privileges heretofore or hereafter granted by any special 
acts to any town or city, but shall be construed to grant additional powers 
where no such powers have been granted or coordinate powers where such 
powers have been already or shall be granted. 

Sec. 9. That all laics and clauses of laws in conflict with this act, except 
as hereinbefore set out, shall be and are hereby repealed. 

Sec. 10. That this act shall be in force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified this the 4th day of 
March, 1915. 

1915, c. 81. 



EXPLANATION OF THE SEVERAL SECTIONS 

OF THE EDUCATIONAL OMNIBUS 

BILL OF 1915 

AMENDING THE PUBLIC SCHOOL LAW 



Section 1. 

Subsection (a) provides that children with Croatan Indian blood in their 
veins shall not attend schools for the white race. 

Subsection (b) provides for the formation of special tax districts out of 
portions of two contiguous counties. 

Subsection (c) provides that "in all actions brought in any court against a 
couuty board of education for the purpose of compelling the board to admit 
any child or children who have been excluded from any school by the order 
of the county board of education, the order or action of the board shall be 
presumed to be correct, and the burden of proof shall be on the complaining 
party to show to the contrary."' 

Subsection (d) amends the law relating to the establishment of rural 
school libraries by providing "that after any school district shall have had a 
library for ten years or longer * * * said public school district shall 
be entitled to receive a second library," in accordance with the provisions 
of the act authorizing the establishment of rural school libraries. 

Subsection (e) provides that the two groups of counties holding institutes 
on alternate years shall be equally divided in number, as nearly as may be. 
Counties are at present required to hold teachers' institutes every two years. 
The groups now holding institutes on alternate years are very unevenly di- 
vided, there being 33 in one group and 67 in the other. The purpose of this 
section is to divide the two groups evenly, in order that the work of the 
institutes may be more efficiently conducted and more carefully supervised. 

Subsection (f) amends the present law relating to the school census. The 
essential changes it provides for are as follows: The school committee of 
each township or district is required to take the school census, or cause it to 
be taken, annually and to furnish the same to the county superintendent and 
the teacher by the opening day of the school term. Heretofore the census has 
been taken annually by the attendance officer appointed under the compulsory 
attendance act. This section requires also that a report shall be made by the 
committee or other person taking the school census, giving the names of all 
persons between the ages of twelve and twenty-one years who cannot read 
and write, and of all illiterates over twenty-one years of age. 

Subsection (g) provides that "in all counties in whfch the office of county 
treasurer has been abolished, all banks or other corporations handling the 
public school funds shall be required to make all reports thereof required of 
the treasurer of the county school fund. 



13 

Section 2 provides that the remuneration of members of the county board 
of education be increased from $2.00 a day to $3.00 a day. 

Section 3 amends compulsory attendance law. 

Subsection (a) amends the present compulsory attendance law of 1913 by 
providing that the county board of education or the board of trustees of the 
public schools of any town of two thousand or more inhabitants may, in its 
discretion, extend the age limits for compulsory attendance from 12 years to 
13 or to 14 years. 

Subsection (b) further amends the compulsory attendance law so as to 
release the attendance officer from taking the census. [This provision for 
placing this matter in the hands of the school committee is made in subsec- 
tion (f) of section 1 above.] It also requires that the principal or teacher in 
charge of a school shall furnish the attendance officer weekly reports of 
absences, and also requires the principal or teacher in charge to notify 
directly the parent or guardian of children who are absent. It further pro- 
vides that, upon the failure of any attendance officer to prosecute, this duty 
shall, upon the report and recommendation of the principal, teacher, or 
school committee, devolve upon the county superintendent. The other pro- 
visions of this subsection are essentially as they stood in the original act. 

Subsection (c) further amends the compulsory attendance act of 1913 by 
requiring the principal or teacher in charge to make a monthly report, giv- 
ing the names of all children who have been absent without legal excuse 
parents or guardians of children who have been absent without legal excuse 
during the month, and it further requires the attendance officer, upon receipt 
of this notice, to notify the parents or guardians of such children as have been 
reported absent to meet him at a designated place and hour on the Saturday 
following the fourth Monday, for the purpose of explaining the cause of such 
absence; and for his services rendered on the days set for meeting the 
parents or guardians of children who have been absent without legal excuse 
during the month the attendance officer is allowed a compensation of $2.00 a 
day. The other provisions of this subsection are essentially as they stood in 
the original act. 

Section 4. 

Subsections (a), (b), (c), and (d) all provide for amendments to the 
public high school law. 

Subsection (a) simply brings forward to section 1 a provision of the 
present law from section 8, for which section a substitute is provided in sub- 
section (d). 

Subsection (b) simply removes from the law two provisions that are prac- 
tically dead letters. The first makes it unnecessary for the principal to have 
the recommendation of the county superintendent before being elected. The 
law still provides that no one shall serve as principal of the public high school 
without the approval of the county superintendent. The second provision 
strikes out the requirement that the minimum salary paid a public high 
school teacher shall be $40.00 a month. Some assistant high school teach- 
ers and part-time high school teachers may be had for less than this amount, 
and this requirement should, therefore, be stricken out. 

Subsection (c), which is a substitute for the original section 7 of the 
public high school law, makes a part of the law the regulations of the State 
Board of Education governirig the administration of the high schools, which 
are already in effect as rules and regulations of the State Board under the 



14 

general provisions of the high school law. The section is rewritten in order 
to make it more explicit and to put into the law definitely the requirements 
now made in the administration of these schools. It further changes the 
minimum and maximum amounts that may he apportioned under the law, 
reducing the minimum from $250 to $200, and increasing the maximum from 
$500 to $600. This provision is necessary in order to provide for this de- 
veloping system of schools. 

Subsection (d) changes the present law in one or two particulars. In the 
first place it provides that in the counties in which the office of treasurer has 
been abolished, any bank or other corporation handling the school funds shall 
be treasurer of the public high school fund also, and it further provides that 
the treasurer of any chartered school receiving State aid under the provisions 
of the high school law may, in the discretion of the State Board of Education, 
serve as treasurer of the public high school fund also, but shall receive no 
commission for disbursing the funds apportioned by the county and the State, 
under the provisions of the high school law. 

Section 5 provides that the counties may set aside certain contingent 
funds to defray such administrative and supervisory expenses as the board 
may deem necessary, but requires that if these funds are set aside they 
shall be included in the necessary expenses for a four months' school term, 
and shall not operate to increase the county's demands upon the State equal- 
izing fund. 

Subsection (b) simply provides that the committee of any chartered school 
receiving funds under the. high school law may serve as the high school 
committee also. 

Subsection (c) provides that high schools receiving State aid under the 
high school act shall maintain an average daily attendance of at least twenty 
students, and it also provides for the distribution of the high school fund on 
a triple basis; namely, attendance, number of teachers, and grade of work 
done. 

Section 6 provides that the amount set aside out of the public school fund 
of any county for maintenance of farm-life departments in the public high 
schools shall not increase the county's demands upon the State equalizing 
fund, and that such amount as the county may set aside under the provisions 
of the act authorizing the farm-life departments shall be included in the 
necessary expenses for a four months' school term. It further authorizes 
the board of county commissioners of any county to make an appropriation 
for the maintenance of farm-life departments in the public high schools, and 
strikes out the provision requiring counties to maintain a six months' school 
term before establishing farm-life schools. 

Section 7. 

Subsection (a) authorizes the present State board of examiners to issue 
certificates to applicants for the five-year State certificate who make on an 
examination an average of 75 per cent instead of 90 per cent, as is now re- 
quired. 

Subsections (b), (c), and (d) authorize the present , State board of exam- 
iners to allow to applicants for State certificates certain credits for academic 
and professional work done in approved institutions, and also to allow cer- 
tain credits for successful experience. It also authorizes the renewal of such 
certificates as the board now issues, and further provides that on their 



15 

second renewal — that is, after six years or ten years of successful experi- 
ence — these certificates may be converted into life certificates in the discretion 
of the board. 

Section 8 amends the law governing the distribution of the State equaliz- 
ing fund by establishing maximum limits for the per cent of the fund which 
counties may set aside for contingent expenses, with the provision that these 
maximum limits governing apportionments for contingent expenses shall 
apply only in the apportionment of the State equalizing fund. 

An Act to Permit Counties, Townships and Certain School Districts to 
Issue Bonds to Build School Houses. 

The General Assemtly of North Carolina do enact; 

Section 1. The board of county commissioners of any county in the State 
shall, upon the petition of the County Board of Education, order an election 
after thirty days' notice at the court house door and a publication of four 
weeks in some newspaper published in the county, to be held in any county, 
township or school district which embraces an incorporated town or city 
or in which there is maintained a public high school, to ascertain whether 
the voters in said county, township, or school district are in favor of issuing 
bonds for the purpose of building, rebuilding and repairing school houses 
and furnishing the same with suitable equipment. The amount of bonds 
to be issued and the rate of interest they are to bear which shall not be 
more than 6 per cent per annum, payable semi-annually, and the length 
of time the bonds are to run, which shall not be more than twenty years, 
and the maximum tax that may be levied, which shall not exceed thirty 
cents on the one hundred dollars and ninety cents on the poll, shall be set 
forth in the petition of the county board of education and in the order for 
the election made by the board of county commissioners. In no case shall 
the bonds authorized under this act for an entire county exceed the sum of 
one hundred thousand dollars nor for a township or school district the sum 
of twenty-five thousand dollars, but the bonds for a township or school dis- 
trict may be in addition to the bonds for the entire county. 

Sec 2. The election for an entire county shall be held under the rules 
and regulations governing general elections as near as may be, and if for 
a township or school district then under the rules and regulations govern- 
ing elections in special tax districts as prescribed in section four thousand 
one hundred and fifteen of the Revisal of one thousand nine hundred and 
five; but whether the election be for a county or for a township or school 
district a new registration shall be ordered. At said election those favoring 
the issuance of bonds and the levying of a special tax shall vote a ballot on 
which shall be printed the words "For School House Bonds," and those who 
are opposed shall vote a ballot on which shall be printed the words "Against 
School House Bonds." The expenses of holding such elections shall be paid 
out of the general school fund of the county. 

Sec. 3. If a majority of the qualified voters shall vote "For School House 
Bonds" then it shall be the duty of the county board of commissioners to 
issue bonds not exceeding the amount specified in the order of election as 
the county board of education may request, and shall thereafter annually 
levy a sufficient tax not exc'^eeding the amount specified in the order of 



16 

election to pay the interest on said bonds and create a sinking fund suffi- 
cient to pay the principal and interest on said bonds when they fall due. 

Sec. 4. The said bonds when so issued shall be delivered to the county 
board of education who shall sell the same for not less than par and hold 
the proceeds for the benefit of the county building fund if the election be 
for the entire county or for the benefit of the township or school district in 
which the election was held. The said fund shall be paid out upon the 
order of the committee or trustees of the township or school district to 
which the fund belongs, and upon order of the board of education if the fund 
belongs to the entire county. The sinking fund provided for by this act shall 
be invested by the county board of education in safe securities or may be 
deposited in the bank that will pay as much as four per cent per annum 
compounded quarterly, and will give a sufficient bond for the safety of such 
deposit. 

Sec. 5. That the taxes levied hereunder shall be collected by the sheriff 
or other officer charged with the collection of other taxes, and they shall 
in respect thereto be liable officially as well as personally to all require- 
ments of the law now or hereafter to be prescribed for the faithful collec- 
tion and payment of other county taxes. 

Sec. 6. This act shall be in force from and after its ratification. 

In the General Assembly read three times and ratified this the 26th day 
of February, 1915. 

A hill to he entitled an act to amend certain sections of the Revisal of one 
thousand nine hundred and five of North Carolina, and certain chapters 
of the Puhlic Laws of North Carolina of one thousand nine hundred and 
seven, one thousand nine hundred and nine, one thousand nine hundred 
and eleven, and one thousand nine hundred and thirteen, all heing parts 
of the public school laiv of North Carolina. 

The General Assembly of North Carolina do enact: 

Section 1. That chapter eighty-nine of the Revisal of one thousand nine 
hundred and five be and the same is hereby amended as follows: 

(a) Amend section four thousand and eighty-six by inserting between 
the word "blood" and the word "in" in line eight of said section the words 
"or what is generally known as Croatan Indian blood." 

(b) Amend section four thousand one hundred and fifteen, as amended by 
chapter five hundred and twenty-five of public laws of one thousand nine 
hundred and nine and chapter one hundred and thirty-five public laws of 
one thousand nine hundred and eleven, by adding at the end thereof the 
following: "Special tax districts may be formed as provided herein out of 
portions of contiguous counties. The petition for such a district must be 
endorsed by the boards of education of both counties. The registrar and one 
poll holder shall be appointed by the board of commissioners of the county in 
which the larger number of petitioners reside, and one poll holder must be 
appointed by the board of commissioners of the other county. All the pro- 
visions of section four thousand one hundred and t^yenty-nine in regard to 
districts in contiguous counties shall be applicable as far as may be to the 
establishment of special tax districts out of portions of contiguous counties 
herein provided." 



17 

(c) Amend section four thousand one hundred and twenty-five by adding 
at the end thereof the following: "In all actions brought in any court 
against a county board of education for the purpose of compelling the board 
to admit any child or children who have been excluded from any school by 
the order of the county board of education, the order or action of the board 
shall be presumed to be correct, and the burden of proof shall be on the 
complaining party to show to the contrary." 

(d) Amend section four thousand one hundred and seventy-two by adding 
at the end thereof the following: ''Provided, that after any school district 
shall have had a library for ten years or longer under the provisions of this 
section, said school district shall be entitled to receive a second library in. 
accordance with the foregoing provisions of this section." 

(e) Amend section four thousand one hundred and sixty-seven by adding 
at the end thereof the following: ''Provided, further, that the counties 
holding institutes on alternate years shall be equally divided in number, as 
nearly as may be, by the State Superintendent of Public Instruction after 
consultation with the county superintendents of schools and the county 
boards of education; and that teachers in such counties as may be exempted 
from holding institutes in one thousand nine hundred and sixteen, under 
this provision in order to divide the two groups of counties evenly, shall 
not be debarred from teaching for the school year ending June thirtieth, 
one thousand nine hundred and seventeen, because of non-attendance upon 
an institute or summer school in the year one thousand nine hundred and 
sixteen." 

(f) Strike out all of section four thousand one hundred and forty-eight, 
as amended by chapter one hundred and thirty-five of the public laws of one 
thousand nine hundred and eleven, and insert in lieu thereof the following: 

"4148 (substitute for). The school committee of each township or district 
is hereby required to furnish annually to the county superintendent ol 
schools a census report of all the children of school age in the township or 
district by name, age, sex, and race, and the names of their parents or 
guardians. The blanks upon which such reports are to be made shall be 
furnished to the various school committees by the county superintendent at 
least two weeks prior to the beginning of the school term in each district, 
and the report, duly sworn to by the person taking the census, and signed 
and approved by the members of the committee, shall be returned to the 
county superintendent on or before the first day of the school term of each 
school year; and any committee failing to comply with the provisions of this 
section, without just cause, shall be subject to removal. The school is 
authorized to designate one of the teachers, or some other competent person 
in each school district, to take the census. The committeeman, or other 
person taking the census, shall be allowed a sum not exceeding three cents 
per name for all names reported between the ages of six and twenty-one. The 
committee shall furnish to the teacher at the opening of the school a com- 
plete copy of the census furnished to the county superintendent, which shall 
be recorded by the teacher in the school register. The census record entered 
in the register shall show the name, age, and sex of each child of school 
age in that district, together with the names and addresses of the parents 
or guardians. The census report shall show also the number of children 
of compulsory attendance age, a^d the committee shall furnish the attend- 
ance officer a separate list of all children subject to compulsory attendance, 

2— Public School Law 



18 

containing the name, age, race, and sex of each and the names of their 
parents or guardians. 

"There shall also be reported, by race and sex, the number and names of 
all persons between the ages of twelve and twenty-one who cannot read and 
write and the number and names, by race and sex, of all persons over 
twenty-one years of age who cannot read and write, and the number of 
deaf and dumb and blind between the ages of six and twenty-one years, 
designating the race and sex and the address of the parents or guardians 
of such children. 

"The committee shall also report to the county superintendent, who in 
turn shall report to the county board of education, the number of public 
school houses and the value of all public school property, for each race, 
separately." 

(g) Amend section four thousand one hundred and fifty-eight by adding 
at the end thereof the following: "In all counties in which the office of 
county treasurer has been abolished all banks or other corporations handling 
the public school funds shall be required to make all reports thereof re- 
quired of the treasurer of the county school funds under sections four thou- 
sand one hundred and fifty-seven and four thousand one hundred and fifty- 
eight of the Revisal of one thousand nine hundred and five as amended by 
any subsequent legislation." 

Sec. 2. That section two thousand seven hundred and eighty-six of the 
Revisal of one thousand nine hundred and five of North Carolina be and 
the same is hereby amended by striking out in line two the words "two 
dollars" and inserting in lieu thereof the words "three dollars." 

Sec. 3. That chapter one hundred and seventy-three of the public laws of 
one thousand nine hundred and thirteen be and the same is hereby amended 
as follows: 

(a) Amend section one by adding at the end thereof the following v/ords: 
"Provided, further, that the county board of education in any county may in 
its discretion, or the board of trustees of the public schools of any town of 
two thousand or more inhabitants may in its discretion, extend the age limit 
for compulsory attendance from twelve years to thirteen or to fourteen 
years." 

(b) Strike out all of section five of said chapter and insert in lieu thereof 
the following: 

"Section 5 (substitute for). The county board of education in each county 
shall appoint and remove at will an attendance officer in each township to 
enforce the provisions of this act. It shall be the duty of the school com- 
mittee of each township or district to furnish each superintendent, principal, 
or teacher in charge of each school, and to furnish also the attendance officer 
of each township and the county superintendent, with an accurate school cen- 
sus of each school district at the opening of the school in said township or 
district each year. The superintendent, principal, or teacher in charge of any 
school shall at the end of each week serve written or printed notice upon 
every parent or guardian or other person having in charge any child within 
the compulsory attendance age, notifying him of the absence or absences of 
such child during the week and shall file copies of all such notices with the 
attendance officer immediately; and said parent, guardian, or persons shall 
be required to render promptly to such superintendent, principal, or teacher 



19 

in charge of the school the excuse or cause of absence of such child. The 
failure of such parent, guardian, or person to render satisfactory excuse 
within three days after the mailing or serving such notice shall be prima 
facie evidence of the violation of this act in case of any prosecution of such 
person under this act; and shall subject said person to prosecution therefor 
and to the payment of the costs incurred in such prosecution. The names 
of all persons failing to render satisfactory legal excuse shall be reported 
immediately to the attendance officer. Prosecutions under this act shall be 
brought by the attendance officer in the name of the State of North Carolina 
before any justice of the peace, or police justice, or recorder of any county, 
town, or township, in which the person prosecuted resides. Upon failure of 
any attendance officer to prosecute, the county superintendent, upon report 
and recommendation of principal or teacher in charge or of the school com- 
mittee, shall prosecute for violation of this act. The attendance officer 
shall keep an accurate record of all notices served, all cases prosecuted, and 
all other services performed, and shall make an annual report of same to 
the county board of education. In the discretion of the county board of edu- 
cation, the attendance officer shall be allowed reasonable compensation from 
the county school fund for such services as are required of him under this 
act, compensation for which is not specifically provided for herein: Provided, 
that in case the county board of education shall appoint a school committee- 
man or township constable as attendance officer, the duties of such officer 
herein prescribed are hereby declared to be a part of his duties ex officio: 
Provided, further, that the school committee or board of trustees of any 
school in any town or city of five thousand or more inhabitants, operating 
its schools under special charter, is hereby authorized and empowered, if 
in their judgment such action is wise, to appoint an attendance officer for 
the schools under their direction, fix his compensation, and pay the same 
out of the special tax school funds of; said town or city, and assign to him 
other duties in addition to those enumerated above." 

(c) Strike out all of section six and insert in lieu thereof the following: 
"Section 6 (substitute for). It shall be the duty of all principals and 
teachers to cooperate with the attendance officers in the enforcement of this 
law. To this end it shall be the duty of the principal or teacher in charge 
in every school in which pupils betv/een the ages of eight and twelve years 
are instructed to keep an accurate record of the attendance of such pupils. 
On or before the fourth Monday of each calendar month 'during the com- 
pulsory attendance term of each school the superintendent, principal or 
teacher in charge of each school in each township shall report to the at- 
tendance officer of said township and the county superintendent the names 
of all children that have been absent without legal excuse during said month, 
the number of absences of each child together with the name of the parent, 
guardian, or person 'in charge of said child. The said township attendance 
officer shall immediately upon receipt of said report notify each of said 
parents, guardians, or other persons having in charge such reported children 
to meet him at a designated place in said township at a designated hour on 
Saturday following said fourth Monday for the purpose of explaining the 
cause of such absence of such children, and said attendance officer, after 
hearing and passing upon the excuses rendered, shall proceed' with the 
prosecution as provided for in ihis act against those parents, guardians, or 



20 

other persons who fail to render legal excuse for the absence of such re- 
ported children. 

"Said attendance officer shall be paid' out of the general school fund of the 
county two dollars for his services rendered on said day for said purpose. 
The failure of any parent, guardian, or other person in charge of any child 
that has been reported absent, without excuse, to meet said attendance of- 
ficer on said day without satisfactory excuse rendered shall be prima facie 
evidence of the violation of the provisions of this act and shall subject him 
to prosecution hereunder and to the penalty prescribed herein. Upon the 
wilful or negligent failure of any principal or teacher in charge of any 
school to comply with the provisions of this section, the county superin- 
tendent shall deduct from his or her salary for the current month the sum 
of five dollars before approving the voucher therefor." 

Sec. 4. That chapter eight hundred and twenty of the public laws of 
one thousand nine hundred and seven be and the same is hereby amended 
as follows: 

(a) Amend section one by adding at the end thereof the following words: 
"Provided that not more than four public high schools in any one county 
shall be entitled under the provisions of this act to receive State aid." 

(b) Amend section four by striking out in line nineteen thereof the words: 
"and recommendation" and further by striking out all the words in said 
section after the word "superintendent" in line twenty. 

(c) Strike out section seven and insert in lieu thereof the following: 
"Sectiox 7 (suhstitute for). Before any public high school shall be entitled 

to receive State aid under the provisions of this act, its application therefor 
shall have been approved by both the county board of education and the 
State board of education; and the amount of State aid to be given shall be 
determined by the State board of education, and the county board of educa- 
tion shall apportion to each public high school out of the general county 
fund at least as much as the State apportions to said high school; and the 
local committee of each public high school receiving State aid under the 
provisions of this act shall apportion out of the local school fund raised by 
special tax, or shall raise by private donation or otherwise, at least as much 
as the State board of education apportions to said high school under the 
provisions of the act; and when the high school committee shall deposit its 
apportionment with the treasurer to be placed to the credit of said public 
high school, the county board of education shall make an apportionment out 
of the general school fund of the county as provided herein, and deposit 
same with the treasurer to the credit of said public high school. When the 
treasurer and the county superintendent shall certify to the State Superin- 
tendent of Public Instruction that the apportionments by the local com- 
mittee and the county board of education, herein required, have been duly 
authorized for any high school, a State warrant shall be issued upon the 
requisition of the State Superintendent of Public Instruction for such an 
amount as the State board of education shall have approved under the 
provisions of this act and sent to the treasurer to be placed to the credit 
of said public high school. All high school funds herein provided and 
placed to the credit of any high school shall be used exclusively for the 
payment of teachers' salaries in said high school and for such necessary 
incidental expenses as may be approved by the State Superintendent of 
Public Instruction; and said high school funds shall be paid out by the 



21 

treasurer for the purposes herein specified only upon the order of the public 
high school committee, approved by the county superintendent of schools. 
Provided, that the amount apportioned by the State board of education to 
any public high school, maintained under the provisions of this act, shall 
not be less than two hundred dollars nor more than six hundred dollars for 
any year: Provided, further, that after a public high school has been ap- 
proved and established under the provisions of this act, it shall not be 
discontinued by the county board of education without the consent and 
approval of the State board of education." 

(d) Strike out section eight and insert in lieu thereof the following: 
"Section 8 (suhstitute for). The treasurer of the county school fund, or 
in counties. in which the office of treasurer has been abolished, any bank 
or other corporation handling the public school funds shall be treasurer of the 
public high school fund, except as is hereinafter provided. He shall keep 
a separate account of the funds of each public high school, and shall on the 
first Monday in July of each year, make to the county board of education 
and to the State Superintendent of Public Instruction a report of all re- 
ceipts and expenditures of said fund for each separate high school for the 
preceding year: Provided, that the treasurer of any chartered school re- 
ceiving State aid under the provisions of this act, may in the discretion 
of the State board of education, serve as treasurer of the public high school 
fund, but shall receive no commission for disbursing the funds apportioned 
by the county and the State under the provisions of this act." 

Sec. 5. That chapter one hundred and forty-nine of the public laws of one 
thousand nine hundred and thirteen be and the same is hereby amended as 
follows : 

(a) Amend subsection (a) of section one by adding at the end thereof the 
following words: "Provided, further, that the county board of education 
may reserve as a further contingent fund a sufficient amount to pay the 
salary of an assistant superintendent, and to defray such other supervisory 
and administrative expenses as it may deem necessary, but the funds set 
aside for these purposes shall not operate to increase the amount to which 
said county would have been entitled from the State equalizing fund if said 
funds had not been set aside, and the same shall be included in the neces- 
sary expenses for a four months' school term for which a special tax, )if 
necessary, must be levied under chapter thirty-three of the public laws of 
one thousand nine hundred and thirteen." 

(b) Amend subsection (b) of section three, amending chapter eight hun- 
dred and twenty of the public laws of one thousand nine hundred and seven, 
by striking out in said subsection (b) in line four thereof, the words "sec- 
tion six of." 

(c) Strike out subsection (h) of section three amending section nine of 
chapter eight hundred and twenty of the public laws of one thousand nine 
hundred and thirteen, and insert in lieu of said subsection (h) the following: 
"Every public high school receiving State aid under this act shall maintain 
an average daily attendance of at least twenty high school students for the 
required term, and any public high school making any average daily at- 
tendance of less than twenty students for the required term shall not be 
entitled to receive State aid under this act; and any additional amount be- 
yond the minimum apportioned to any public high school under the pro- 
visions of this act shall be conditioned, first, upon the average daily at- 



22 

tendance above the required minimum for the preceding school year; sec- 
ond, upon the number of full-time high school teachers employed; and third, 
upon the grade and character of work done by said public high school." 

Sec. 6. That chapter one hundred and five of the public laws of one 
thousand nine hundred and thirteen, amending chapter four hundred and 
forty-nine of the public local laws of one thousand nine hundred and 
eleven, be and the same is hereby amended by striking out in section one 
thereof all words after the words "Guilford County" in line seven thereof and 
inserting in lieu thereof the following: "Provided, that the amount annually 
set aside out of the public school fund by any county for maintenance of 
said farm-life departments shall not operate to increase the amount to which 
said county would have been entitled from the State equalizing fund if said 
apportionment for farm-life departments had not been set aside; and said 
apportionments shall be included in the necessary expenses for a four 
months' school term for which a special tax if necessary must be levied 
under chapter thirty-three of the public laws of one thousand nine hundred 
and thirteen. The board of county commissioners of any county is hereby 
authorized to provide out of the funds for necessary county expenses the 
funds required under section four of chapter four hundred and forty-nine 
of the public local laws of one thousand nine hundred and eleven for the 
establishment and maintenance thereunder of farm-life departments in public 
high schools, and to include the same in the annual levy for necessary county 
expenses." 

Sec. 7. That subsection (i) of section one, chapter eight hundred and 
thirty-five of the public laws of one thousand nine hundred and seven, 
amending section four thousand one hundred and sixty-two of the Revisal 
of one thousand nine hundred and five of North Carolina, be and the same 
is hereby amended as follows: 

(a) In line seven of said subsection (i) strike out the words "ninety per 
cent" and insert in lieu thereof the words "seventy-five per cent." 

(b) After the word "certificate" in line fifteen insert the following words: 
''Provided, that the said board of examiners may, in their discretion, and 
in lieu of examination allow certain credits for academic and professional 
work done in approved institutions and for successful experience." 

(c) After the word "certificate" in line thirty and before the word "and" 
insert the following words: "and said certificate shall be subject to renewal 
and may, in the discretion of the board of examiners, on its second renewal 
be converted into a life certificate." 

(d) After the word "provided" in line thirty-seven and before the word 
"said" insert the following words: ''Provided, that said board of examiners 
may, in their discretion, and in lieu of examination, allow certain credits 
for academic and professional work done in approved institutions and for 
successful experience; and said high school teacher's certificate shall be sub- 
ject to renewal and may, in the discretion of the board of examiners, on its 
second renewal be converted into a life certificate." 

Sec. 8. That chapter thirty-three of the public laws of one thousand nine 
hundred and thirteen be and the same is hereby amended by adding at the 
end of section four thereof the following words: "In the apportionment of 
the State equalizing fund the State board of education shall observe as the 
Tnaximum that may be set aside for contingent expenses (said contingent 



23 

expenses to be construed to mean all items of expenses except the apportion- 
ment for teachers' salaries and for buildings, repairs, and equipment as 
provided by section four thousand one hundred and sixteen of the Revisal of 
one thousand nine hundred and five as amended) the following: In counties 
with a total school fund from general county and State sources of ten thou- 
sand dollars or less not more than twenty-five per cent thereof; in counties 
with a total school fund of over ten thousand dollars and less than twenty 
thousand dollars not more than twenty per cent thereof; in counties with a 
total school fund of over twenty thousand dollars and less than thirty 
thousand dollars not more than seventeen and one-half per cent thereof; 
in counties with a total school fund of more than thirty thousand dollars 
and less than fifty thousand dollars not more than sixteen per cent thereof; 
and in counties with a total school fund of more than fifty thousand dollars 
not more than fifteen per cent thereof: Provided, that these maximum limits 
shall apply only in the apportionment of the State equalizing fund." 

Sec. 10. All laws and clauses of laws in conflict with the provisions of 
this act are hereby repealed. 

Sec. 11. This act shall be in force from and after its ratification. 

Ratified the 9th day of March, 1915. i 



THE PUBLIC SCHOOL LAW 



The following is the Public School Law of one thousand nine hundred and 
five, as amended by the General Assembly of one thousand nine hundred and 
seven, one thousand nine hundred and nine, one thousand nine hundred and 
eleven, one thousand nine hundred and thirteen, and one thousand nine hun- 
dred and fifteen. Each division of the law is preceded by a succinct sum- 
mary and contains explanatory notes, the whole being followed by decisions 
bearing on its interpretation. 

I. APPLICATION OF CHAPTER 

4029. This chapter not applicable to certain schools; such schools 
REGULATED. The provlslous of this chapter shall not apply to any township, 
city or town now levying a special tax for schools and operating under special 
laws or charters, or to schools operating under section forty-seven, chapter 
one hundred and ninety-nine, laws of one thousand eight hundred and eighty- 
nine. School districts in any city or town now operating under section 
forty-seven, chapter one hundred and ninety-nine, laws of one thousand 
eight hundred and eighty-nine, are hereby continued, and all vacancies in 
the school committees therein shall be filled by the county board of educa- 
tion. If such districts comprise a township, there shall not be appointed 
township school committeemen for such township, and all apportionments 
shall be made directly to the committee of such districts. The superin- 
tendent and treasurer of all such schools receiving any part of the public 
school fund shall be required to make to the State Superintendent and the 
county superintendent such reports as these officers shall demand and as are 
made by other public schools to them, and shall be under the general super- 
vision of the State Superintendent of Public Instruction. 

1901, c. 4, s. 73; 1903, c. 435, s. 25. 

[This section requires the proper officers of town and city schools to make 
reports to the State Superintendent.] 

II. THE STATE BOARD OF EH^CATIOIV 

Summary. — The State Board consists of the Governor, the Lieutenant- 
Governor, THE Secretary of State, the Treasurer, the Auditor, the Super- 
intendent of Public Instruction, and the Attorney-General; has corporate 
powers; the Governor is president, the State Superintendent is secretary; 
it must keep a record of its proceedings, and succeeds to all the powers of 
"the president and directors of the literary fund," This board may make 
rules for the government and regulation of the public schools and has 
vested in it the property and management of the literary fund of the 
State.* 

4030. Incorporated. The Governor, Lieutenant-Governor, Secretary of 
State, Treasurer, Auditor, Superintendent of Public Instruction and Attorney- 



* The State Board of Education, in addition to the above, has control of the Colored Normal 
Schools (Rev. 1905, 4180-4186), and is the Text-book Commission (Rev. 1905, 4057-4084). 
T}ie State Board also e'ects directors of State Normal and Industrial Colle^-e (Rev. 1905, 
4252). The trustees of the East Carolina Training School are also elected bv this board 
(Laws 1907). 



25 

General shall constitute the State Board of Education, and by the name, the 
State Board of Education, are created a corporation, and by that name may 
sue and be sued; may have a common seal; may acquire, receive and hold 
real, personal and mixed property, by purchase, gift, devise or otherwise, 
and may sell, dispose of and convey the same; and may contract and be 
contracted with, for the purposes provided in this chapter and for such other 
purposes as may be prescribed by law, and to that end may make such by-laws 
for its government and the exercise of its powers, and alter the same from 
time to time in its discretion, as shall not be in conflict with the laws of the 
State and of the United States; and shall be vested with all other powers 
conferred upon corporations under the general law relating to corporations. 
Const., Art. IX, ss. 8, 9, 10; Code, s. 2503; 1881, c. 200; 1903, c. 567, s. 7. 

4031. Officers; quorum; meetings; expenses. Of the board, the Gov- 
ernor shall be president, the Superintendent of Public Instruction shall be 
secretary, and the Treasurer of the State shall be treasurer, and a majority 
of the board shall constitute a quorum for the transaction of business. The 
board shall hold its meetings in the Executive office, and shall meet at such 
times as a majority of the members may appoint; but the Governor may 
call a meeting at any time. The contingent expenses of the board shall be 
provided for by the General Assembly. 

Const., Art. IX, ss. 9, 12, 13; Code, s. 2504; 1881, c. 200, s. 2. 

4032. Proceedings recorded. All the proceedings of the board shall be 
recorded in a well-bound and suitable book, which shall be kept in the office 
of the Superintendent of Public Instruction. 

Code, s. 2505; 1881, c. 200, s. 3.' 

4033. Succeeds to powers and property; etc., of literary fund. The 
State Board of Education shall succeed to all the powers and trusts of the 
"president and directors of the literary fund of North Carolina," and shall 
have full power to legislate and make all needful rules and regulations for 
the government of the public schools and for the management of the State 
educational fund; but all such acts, rules and regulations of the board may 
be altered, amended or repealed by the General Assembly, and when so altered, 
amended or repealed shall not be reenacted by the board; and the board 
shall succeed to and have all the property, powers, rights, privileges and 
advantages w^hich in anywise belonged or appertained to the "president and 
directors of the literary fund of North Carolina," and may, in its own name, 
assert, use, apply and enforce the same. 

Const.. Art. IX, s. 10; Code, s. 2506; 1881, c. 200, s. 4; R. C, c. 66; R. S., 
cc. 66, 67. 

4034. Accounts kept; reports made. The State Treasurer shall keep a 
fair and regular account of all the receipts and disbursements of the State 
literary fund, and shall report the same to the General Assembly at the same 
time w^hen he makes his biennial account of the ordinary revenue; and the 
State Board of Education shall report to the General Assembly the manner 
in which the fund has been applied or invested, with such recommendations 
for the improvement of the same as to it shall seem expedient. 

Code, s. 2507; R. C, c. 66, s. 4; 1825, c. 1268, s. 2; 1903, c. 567, s. 1. 

4035. How funds invested. The State Board of Education is authorized 
to invest in North Carolina four per cent bonds or in other safe interest- 
bearing securities, the interest on which shall be used as may be directed 
from time to time by the General Assembly for school purposes. 

1891, c. 369. 

Note. — Sections 4036-4052 concern swamp lands. 



26 

III. LOAXS FOR BlILDIXG SCHOOLHOUSES 

Summary. — The State Board may make loans from the literary fund 

TO THE COUNTY BOARD FOR BUILDING SCHOOLHOUSES, ANY SUCH LOAN TO BE RE- 
LOANED BY THE COUNTY BOARD OF THE SCHOOL DISTRICT. SUCH LOANS BEAR 4 
PER CENT INTEREST AND AKE A LIEN ON ALL THE COUNTY SCHOOL FUNDS, AND 
MUST BE REPAID IN TEN EQUAL INSTAIXMENTS. AX.L LOANS AEE MADE UNDER 
SUCH RULES AND REGULATIONS AS THE StATE BoARD MAY ADOPT.* 

4053. Made by State Board. The State Board of Education, under such 
rules and regulations as it may deem advisable, not inconsistent with the 
provisions of this chapter, may make loans from the State literary fund to 
the county board of education of any county for the building and improving 
of public schoolhouses or dormitories for rural high schools and county farm- 
life schools in such county; but no warrant for the expenditure of any money 
for such purposes shall be issued by the Auditor except upon the order of the 
State Superintendent of Public Instruction, with the approval of the State 
Board of Education. 

1903, c. 567, ss. 1, 2, 8; 1913, c. 149. 

4054. Terms of. Loans made under the provisions of this chapter shall 
be payable in ten installments, shall bear interest at four per centum, payable 
annually, and shall be evidenced by the note of the county board of educa- 
tion, executed by the chairman and secretary thereof, and deposited with 
the State Treasurer. The iirst installments of such loan, together with the 
interest on the whole amount then due, shall be paid by the county board on 
the tenth day of February after the tenth day of August subsequently to the 
making of such loan, and the remaining installments, together with the 
interest, shall be paid, one each year, on the tenth day of February of each 
subsequent year, till all shall have been paid. 

1903, c. 567, s. 3. 

4055. How SECURED AND PAID. At the January meeting of the county 
board of education, before any installment shall be due on the next tenth 
day of February, the county board shall set apart out of the school funds an 
amount sufficient to pay such installment and interest to be due, and shall 
issue its order upon the treasurer of the county school fund therefor, who, 
prior to the tenth day of February, shall pay over to the State Treasurer the 
amount then due. And any amount loaned under the provisions of this law 
shall be a lien upon the total school funds of such county^ in whatsoever 
hands such fund may be; and upon failure to pay any installment or interest, 
or part of either, when due, the State Treasurer may deduct a sufficient 
amount for the payment of the same out of any fund due any county from 
any special State appropriation for public schools, or he may bring action 
against the county board of education of such county, any person in whose 
possession may be any part of the school funds of the county, and the tax 
collector of such county; and if the amount of school fund then on hand be 
insufficient to pay in full the sum so due, then the State Treasurer shall be 
entitled to an order directing the tax collector of such county to pay over to 
the State Treasurer all moneys collected for school purposes until such debt 
and interest shall have been paid. 

1903, c. 567, s. 4. 

4056. Loans by county boards to school districts. The county board of 
education, from any sum borrowed under the provisions of this chapter, may 



The State Siiporintondent, on application, will furnish the rules regulating this subject. 



27 

make loans to any district in such county for the purpose of building school- 
houses in such district, and the amount so loaned to any district shall be 
payable in ten annual installments, with interest thereon at four per centum, 
payable annually. At the January meeting of such county board it shall 
deduct from the apportionment made to any district which has borrowed 
under the provisions of this chapter, the installment and interest then due, 
and shall continue to deduct such amount at each annual January meeting 
until the whole amount shall have been paid, together with interest. 

1903, c. 567, s. 5. 

Note. — Sections 4057-4084 concern the Text-book Commission. 

[Jj7icler this section the county board of education may make an additional 
apportionment out of its building fund to assist a district to repay its annual 
interest and installment on its loan.] 

IV. THE SCHOOL SYSTEM AND THE COURSE OF STUDY 

Summary. — The system of public education must be uniform and feee to 

ALL CHILDREN BETWEEN THE AGES OF SIX AND TWENTY-ONE YEARS. SEPARATE 
SCHOOLS MUST BE PROVIDED FOR WHITE, COLORED AND INDIAN CHILDREN, WITHOUT 
RACE DISCRIMINATION. ThE COURSE OF STUDY MUST INCLUDE SPELLING, READING, 
WRITING, ARITHMETIC, DRAWING, LANGUAGE LESSONS AND COMPOSITION, ENGLISH 
GRAMMAR, GEOGRAPHY, HISTORY OF NORTH CAROLINA AND THE UNITED STATES, 
AND ELEMENTS OF CIVIL GOVERNMENT, CONTAINING THE CONSTITUTIONS OF NORTH 
CaHOLINA AND OF THE UNITED STATES, AND TEXT-BOOK INSTRUCTION IN PHYSI- 
OLOGY AND HYGIENE. OtHEE SLTBJECTS MAY BE TAUGHT IN ELEMENTARY SCHOOLS 
WHEN PRESCRIBED BY THE StATE BoARD OF EDUCATION. ThE StATE SUPERIN- 
TENDENT PRESCRIBES THE COURSE OF STUDY FOR HIGH SCHOOLS UNDER THE LaWS 

OF 1907. All school officials are required to take oath for the faithful 

PERFORMANCE OF THEIR DUTIES. 

4085. Uniform system; compulsory attendance. The people have the 
right to the privilege of education, and it is the duty of the State to guard 
and maintain that right; and religion, morality and knowledge being neces- 
sary to good government and the happiness of mankind, schools and the 
means of education shall forever be encouraged. The General Assembly 
shall provide, by taxation and otherwise, for a general and uniform system 
of public schools, wherein tuition shall be free of charge to all children of 
the State between the ages of six and twenty-one years; and the General 
Assembly is empowered to enact that every child of sufficient mental and 
physical ability shall attend the public schools, during the period between 
the ages of six and eighteen years, for a term of not less than sixteen months, 
unless educated by other means. 

Const., Art. I, s. 27; Art. IX, ss. 1, 2, 15. 

4086. Separate schools for races; no discrimination against either 
race. The children of the white race and the children of the colored race 
shall be taught in separate public schools, but there shall be no discrimina- 
tion in favor of or to the prejudice of either race. All white children shall 
be taught in the public schools provided for the white race, and all colored 
children shall be taught in the public schools provided for the colored race; 
but no child with negro blood, or what is generally known as Croatan Indian 
blood, in his veins, however remote the strain, shall attend a school for the 
white race, and no such child shall be considered a white child. The descend- 
ants of the Croatan Indians now living in Robeson and Richmond counties 



28 » 

shall have separate schools for their children, as hereinafter provided in this 
chapter. 

Const., Art. IX, s. 2; 1901, c. 4, s. 68; 1903, c. 435, s. 22; 1915, c. — . 

[It is the duty of the county hoards of education to provide separate school 
facilities for the Cherokee Indian children residing in the western part of 
this State, ivhen not otherwise provided for.] 

4087. What taught. The branches to be taught in all the public schools 
shall be spelling, reading, writing, arithmetic, drawing, language lessons and 
composition, English grammar, geography, the history of North Carolina and 
the United States and elements of civil government containing the Constitu- 
tion of North Carolina and of the United States, elements of agriculture, and 
oral and text-book instruction in elementary physiology and hygiene, includ- 
ing the nature and effect of alcoholic drinks and narcotics: Provided, that in 
public schools employing more than one teacher the elements of civil govern- 
ment, physiology and hygiene, including the nature and effect of alcoholic 
drinks and narcotics and such other subjects of study as the State Board of 
Education may direct, shall be taught, after adequate provision shall have 
first been made for the thorough teaching of the branches before named. 

1905, c. 533, s. 9; 1901, c. 4, s. 37. 

[High school branches can not &e taught in schools having only one teacher, 
and may be taught in schools having more than one teacher only after ade- 
quate provision has first been made for the thorough teaching of the elemen- 
tary branches mentioned in this section.] 

4088. Oath of office taken by officials. The members of the county 
board of education, the school committeemen and the county superintendent 
of public instruction shall, before entering upon the duties of office, take oath 
for the faithful performance thereof. 

1901, c. 4, s. 45. 

Y. THE GENERAL POWERS A>D DUTIES OF THE STATE 
SUPERIXTE>DENT 

Summary. — The Superintendent is required to publish the school law, 

MAKE A BIENNIAL REPORT TO THE GOVERNOR, KEEP HIS OFFICE AT THE CAPITAL, 
AND SIGN ALL ORDERS FOR ]\[ONEY PAID OUT OF StATE TREASURY FOR EDUCATIONAL 
PURPOSES. He has GENERxVL DIRECTION OF THE SCHOOL SYSTEM AND THE ENFORCE- 
MENT OF THE SCHOOL LAW, ALL SCHOOL OFFICERS BEING REQUIRED TO OBEY HIS IN- 
STRUCTIONS AND HIS INTERPRETATION OF THE LAW. He IS REQUIRED TO BE AC- 
QUAINTED WITH THE EDUCATIONAL CONDITION OF ALL SECTIONS OF THE StATE, AND 
HE MUST ALSO KEEP IN TOUCH WITH THE EDUCATIONAI. PROGRESS OF OTHER 
STATES.* 

4089. Shall equip office, print and circulate school law, slterintend 
PUBLIC schools. The Superintendent of Public Instruction of North Carolina 
shall have the school laws published in pamphlet form and distributed on or 
before the first day of May of each year. He shall send to each officer a circu- 



* In addition to tlief^e general duties, the State Superintendent has tTie followin2: duties: 
Secretary Text-book Commission, Rev. 1905, 4057; trustee of State Library, Rev. 1905, 5069; 
president of board of direr-tors State Normal and Industrial College, Rev. 1905, 4252; chair- 
man of Trustees of P^ast Carolina Training School. Laws 1907; chairman State Board of Ex- 
aminers, Laws 1907; prescribes course of study for public higli schools, Laws 1907; makes 
rules and regulations for rural libraries. Rev. 1905 ; member board of trustees of Appalachian 
Training School. Laws 1907; chairman ex officio board of trustees of the Caswell Training 
School, Laws 1911; chairman ex officio board of trustees of Cullowhee Normal and Industrial 
School Laws 1913; member of board of trustees of the University of North Carolina, Laws 
19JP9, c. 432. 



29 

lar letter enumerating his duties as prescribed in this chapter. He shall have 
printed all the forms necessary and proper for the purposes of this chapter, 
and he is hereby authorized to have printed as other public printing and dis- 
tributed such educational bulletins as he shall deem necessary for the profes- 
sional improvement of teachers and for the cultivation of public sentiment 
for public education, and shall look after the school interests of the State, 
and report biennially to the Governor, at least five days previous to each regu- 
lar session of the General Assembly, which report shall give information and 
statistics of the public schools and recommend such improvements in the 
school law as may occur to him. He shall keep his office at the seat of gov- 
ernment, and shall sign all requisitions on the Auditor for the payment of 
money out of the State Treasury for school purposes. Copies of his acts and 
decisions and of all papers kept in his office and authenticated by his signa- 
ture and official seal shall be of the same force and validity as the original. 
He shall be furnished with such room, fuel, and stationery as shall be neces- 
sary for the efficient discharge of the duties of his office. 

1900, c. 525. 

4090. Shali. construe and enforce law; ascertain best school methods. 
He shall direct the operations of the system of public schools and enforce the 
laws and regulations in relation thereto. The county board of education and 
all other school officers in the several counties shall obey the instructions of 
the State Superintendent and accept his constructions of the school law. It 
shall be his duty to correspond with leading educators in other States and to 
investigate systems of public schools established in other States, and, as far 
as practicable, render the results of educational efforts and experiences avail- 
able for the information and aid of the Legislature and State Board of Edu- 
cation. 

1901, c. 4, s. 8; 1903, c. 435, s. 1. 

4091. Shall counsel county boards; hold institutes, etc. It shall be his 
duty to acquaint himself with the peculiar educational wants of the several 
sections of the State, and he shall take all proper means to supply such wants, 
by counseling with county boards of education and county superintendents, 
by lectures before teachers' institutes and by addresses to public assemblies 
on subjects relating to public schools and public school work. 

1901, c. 4, s. 9. 

4092. Duties as to loan fund. He shall go to any county when necessary 
for the due execution of the law creating a permanent loan fund for the 
erection of public school houses. He shall include in his annual reports a full 
showing of everything done under the provisions of the law creating the per- 
manent loan fund for the erection of public school buildings. 

1903, c. 751, ss. 11, 12. 

VJ. SCHOOL FU^DS PROVIDED BY THE STATE 

Summary. — 1. The income of the permanent school fund, or literary 
fund, consists of the proceeds of the following i («) land grants from 
United States; (&) moneys, stocks, bonds; (c) sales of swamp lands; 

(d) GRANTS, GIFTS OR DEVISES. AlL THESE SOURCES OF INCOME ARE AT PRESENT 

unproductive except (c). The State Board of Education now uses the 
literary fund to aid in building schoolhouses, which makes inoperative 
SECTIONS 4094-4096 below. See sections 4053-56. 



30 

2. Annual appropriation of $250,000. (See section 1, six months school 
LAW.) Equalizing fund. High school appropriation. 

4093. Special permanent fund. The proceeds of all lands that have been 
or may hereafter be granted by the United States to this State and not other- 
wise appropriated by this State or the United States; also all moneys, stocks, 
bonds and any other property now belonging to any State fund for. the pur- 
poses of education; also the net proceeds of sales of swamp lands belonging 
to the State, and all other grants, gifts or devises that have been made or 
hereafter may be made to this State and not otherwise appropriated by this 
State or by the terms of the grant, gift or devise, shall be paid into the State 
Treasury, and, together with so much of the ordinary revenue of the State 
as may be set apart for that purpose, shall be faithfully appropriated for 
establishing and maintaining a system of free public schools, as established in 
pursuance of the Constitution, and for no other purpose whatsoever. And all 
funds of the State heretofore derived from the sources enumerated in section 
four, article nine of the State Constitution, and all funds that may be here- 
after so derived, together with any interest that may accrue thereon, shall be 
a fund separate and distinct from the other funds of the State, to be known 
as the State literary fund. 

Const, Art. IX, s. 4; 1901, c. 4, s. 4; 1903, c. 567, s. 1. 

4094. Apportionment of income of school fund. The State Board of Edu- 
cation shall, on the first Monday in August of each and every year, apportion 
among the several counties of the State all the school funds which may be 
then in the treasury of the board and order a warrant for the full apportion- 
ment to each county, which apportionment shall be made on the basis of the 
school population; but no part of the permanent school fund shall be appor- 
tioned or distributed, but only the income therefrom. The State Auditor shall 
keep a separate and distinct account of the public school funds and of the 
income and interest thereof, and also of such moneys as may be raised by 
State, county and capitation tax, or otherwise, for school purposes. 

1901, c. 4, s. 1. 

4095. Apportionment, how paid. Upon the receipt of the requisition of the 
treasurer of any county, duly approved by the chairman and secretary of the 
county board of education, for the school fund which may have been appor- 
tioned to such county, the State Board of Education shall issue its warrant on 
the State Auditor for the sum due such county, whereupon the Auditor shall 
draw his warrant on the treasurer of the State Board of Education in favor 
of such county treasurer for the amount set forth in the warrant of the 
State Board. 

1901, c. 4, s. 2. 

4096. Warrants, how drawn and endorsed. The State Treasurer shall 
receive and hold as a special deposit all school funds paid into the treasury, 
and pay them out only on the warrant of the Auditor, issued on the order of 
the State Board of Education in favor of a county treasurer, duly endorsed 
by the county treasurer in whose favor it is drawn, and it shall be the only 
valid voucher in the hands of the State Treasurer for the disbursement of 
school funds. 

1901, c. 4, s. 3. 

See Six Months School Law, page 8. 



31 

VII. SCHOOL FF^DS PROVIDED BY COUNTY AND LOCAL TAXATION 
AND APPORTIONMENT OF THE SAME 

Summary. — 1. The proceeds of the sale of estrays; all fines, penalties 
AND forfeitures; and auctioneers' license tax. 

2. The proceeds of at least three-fourths of the general poll tax, the 

MAXIMUM OF which IS TWO DOLLARS, ON ALL MALE PERSONS BETWEEN TWENTY- 
one and fifty years of age.* 

3. The proceeds of a twenty-cents tax on each $100 assessed valuation 
of real and personal property.* 

4. The proceeds of a maximum special tax of 30 cents on each $100 

ASSESSED valuation OF PROPERTY AND 90 CENTS ON EACH POLL WHICH MAY BE 

levied by a majority vote of the qualified voters of any incorporated town 
or school district. 

5. The proceeds of a maximum township high school tax of 30 cents on 

EACH $100 assessed VALUATION OF PROPERTY AND 90 CENTS ON EACH POLL WHICH 

may be levied by a majority vote of the qualified voters of any township. 

6. The proceeds of such special school tax as any town or city by its 
charter or by a special act of the general assembly may acquire the 
eight to levy by the approval of a majority of its qualified voters. 

The APPORTIONMENT OF THE PROCEEDS OF THE STATE FUNDS AND THOSE IN- 
CLUDED IN 1-3 ABOVE IS CONTROLLED BY THE COUNTY BOARDS OF EDUCATION, ACCORD- 
ING TO SECTION 4116, below; all other school funds are entirely UNDER THE 
CONTROL OF THE LOCAL SCHOOL COMMITTEES OR BOARDS OF EDUCATION. 

4107. County educational fund for free public schools. All moneys, stocks, 
bonds and other property belonging to a county school fund; also the net 
proceeds from sales of estrays; also the clear proceeds of all penalties and 
forfeitures, and of all fines collected in the several counties for any breach 
of the penal or military laws of the State, and all moneys which shall be paid 
by persons as equivalent for exemption from military duties; also the net 
proceeds of any tax imposed on licenses to retailers of wines, cordials or 
spirituous liquors, and to auctioneers, shall belong to and remain in the 
several counties and shall be faithfully appropriated for establishing and 
maintaining free public schools in the several counties as established in 
pursuance of the Constitution. The amount collected in each county shall 
be reported annually to the State Superintendent of Public Instruction. 

Const., Art. IX. s. 5; 1901, c. 4, s. 5. 

4108. County officers file list of fines and penalties with county 
boards of education. The clerks of all State and municipal courts, justices 
of the peace, and the clerks or other officials having in custody the records 
of any city or town in the State shall furnish to the county board of education 
of their respective counties, on the first Monday of July and January of each 
year, a detailed statement of fines, forfeitures and penalties which go to the 
school fund, that have been imposed or which have accrued, this information 
to be furnished on blanks prepared by the State Department of Public 
Instruction. 

1901, c. 4, s. 62; 1913, c. 149. 

4109. Tax lists to have separate columns for school taxes. The Au- 
ditor shall include on the form which he furnishes to the board of county 
commissioners, and on which the tax lists are to be made out, separate 



* Revisal 1905, sees. 5109 and 5110; Constitution, Art. V, f-ecs. 1 and 2; 1911, c. 46. 



32 

columns for school poll tax and school property tax and for special county 
and district taxes on property and polls. In one of these columns shall be 
written the total poll tax levied by the State and by the county authorities 
for schools and due by the taxpayer. In the other column shall be written 
the total property tax levied by the State and by the county authorities and 
due by the taxpayer. , • 

1901, c. 4, s. 60. 

4110. Register of deeds to furxish abstracts of tax lists to county 
BOARD. The register of deeds shall furnish to the county board of education, 
as soon as the tax lists are made out, an abstract of such lists, showing in 
separate columns the total amount of poll tax on such lists, and also the 
total amount of property tax thereon, and also in another column the amount 
of special county and district poll taxes, and in a separate column the amount 
of special county and district property taxes; and shall furnish such other 
information from his office as the county board of education may require. 

1901, c. 4, s. 61. 

4111. Sheriff's liability, civil and criminal, for failure to settle 
SCHOOL tax. The sheriff of each county shall pay annually in money to the 
treasurer of the county school fund, on or before the thirty-first day of De- 
cember of each year, the whole amount for school purpses collected by both 
State and county, less his lawful commission for collecting the same, and such 
sum as may be allowed on account of insolvents for the current year, and on 
failing to do so shall be liable to an action on his official bond for his default 
in such sum as will cover such default, such action to be brought to the next 
ensuing term of the Superior Court in the name of the State upon the relation 
of the board of county commissioners. In making settlement with the 
treasurer the sheriff or tax collector shall make separate account of insol- 
vents and delinquents allowed, whether on property or capitation tax. The 
county superintendent shall make copies of the fines and penalties reported 
by justices of the peace and reported to clerk of Superior Court, and file 
the same with, the caunty board. 

Code, s. 723; 1901, c. 4, s. 54; 1905, c. 533, s. 20. 

4112 (Substitute for). On or before the first Monday in June of each 
and every year the county board of education of each county shall ascertain 
the amount of money needed to maintain the public schools of such county 
for four months during the succeeding school year. The county board of 
education, using as a basis the receipts for school purposes during the current 
school year ending June thirtieth thereafter, shall ascertain the amount 
that will be available for school purposes from the general school tax, from 
fines, forfeitures, and penalties, and from the annual per capita appropriation 
to the county from the special State appropriation for public schools under 
this act. If the amount received and to be received from these sources is 
less than the amount ascertained to be needed for a full four months school 
term in every public school district of the county, said county board of 
education shall submit to the board of county commissioners of said county 
an itemized statement of the amounts needed for supervision, for adminis- 
tration, for buildings and repairs, for salaries of teachers, and for all other 
expenses allowed by law. The statement shall also^ set forth the number 
of teachers, white and colored, to be employed in each district, and the salary 
of each teacher in each district. The limitation placed by law on each of 
these objects shall not be exceeded. It shall thereupon be the duty of the 



33 

board of county commissioners to levy a special tax on all property, real and 
personal, and on all taxable polls, subject to the constitutional limitation 
as to poll tax, in said county sufficient to supply the deficiency needed for the 
support and maintenance of the public schools of said county for four months 
in each school district: Provided, that no county shall be compelled to 
levy a special tax of more than fifteen cents on every hundred dollars value 
of property, real and personal, and forty-five cents on every taxable poll for 
said purpose. The said tax shall be levied and collected at the same time 
and in the same manner as other county taxes are levied and collected, and 
the funds derived therefrom shall be apportioned and expended by the county 
board of education for maintaining one or more public schools in each school 
district for a term of four months in each year. In the event of a disagree- 
ment between the county board of education and the board of county com- 
missioners as to the amount of the deficiency to be supplied for a four 
months school, and as to the rate of tax to be levied therefor, or of the 
refusal of any board of county commissioners to levy said tax, the county 
board of education shall bring an action in the nature of mandamus against 
the board of county commissioners to compel the levying of such special 
fax in the manner and form as provided in sections eight hundred and 
twenty-two and eight hundred and twenty-four of the Revisal of one thousand 
nine hundred and five of North Carolina, and it shall be the duty of the 
judge ^hearing the same to find the facts as to the amount needed and the 
amount available from the sources herein specified, which finding shall be 
conclusive, and to give judgment requiring the county commissioners to levy 
the sum which he shall find necessary to maintain the schools for four 
months in said county. No county shall receive any part of the State Equal- 
izing School Fund provided by this act until it shall have levied the special 
tax herein required of it for a four months school term in every school 
district. 

1913, c. 33, s. 8. 

4113. Special tax may be voted for township high schools. In any 
township, upon petition of one-fourth of the freeholders of the township, 
approved by the county board of education, the board of county commission- 
ers, after thirty days notice at the courthouse door and three public places 
in the township, shall hold an election to ascertain the will of the people 
within the township whether there shall be levied in said township a special 
annual tax of not less than ten cents nor more than thirty cents on the one 
hundred dollars valuation of property and not less than thirty cents nor 
more than ninety cents on each poll, in addition to all other taxes levied for 
all other purposes, to be used for the establishment of a central high school 
or high schools in said township, in case such special tax is voted. The 
board of county commissioners "shall appoint a registrar and order a new 
registration for said township, and said election shall be held in the said 
township under the law governing general elections, as nearly as may be, 
and the expenses of such election shall be paid out of the general county 
school fund. At said election those who are in favor of the levy and collec- 
tion of said tax shall vote a ticket on which shall be printed or written the 
words "For High School Tax," and those who are opposed shall vote a ticket 
on which shall be printed or written the words "Against High School Tax." 
In case a majority of the qualified voters at said election are in favor of said 
tax, then so much of the tax on property and polls herein provided for as in 
3— Public School Law 



34 

the judgment of the committee may be necessary shall be annually levied 
and collected in the manner prescribed for the levy and collection of other 
taxes. All moneys levied under the provisions of this section shall, upon 
collection, be placed by the treasurer of the county school fund to the credit 
of the township high school committee, composed of three members, ap- 
pointed by the county board of education, and shall be expended exclusively 
by said committee in establishing and maintaining one or more high schools 
in said township, under such rules and regulations as to its conduct and 
such course or courses of study as shall be prescribed by the State Superin- 
tendent of Public Instruction. The powers, duties and qualifications of the 
committeemen provided for in this section shall be similar to those of other 
school committeemeUt and they shall have the same power to apportion the 
funds so raised as is conferred upon the county board of education for appor- 
tionment of the general fund among the schools of the township. And the 
provisions of this section shall not be so construed as to prevent the teaching 
of the elementary branches in such high schools as may be established, nor 
so construed as to prevent the county board of education from making such 
apportionment of public school funds to such high schools as they may deem 
equitable and just: Provided, that township high schools may also be estab- 
lished without the levying of a special high school township tax, where the 
public funds are sufficient for that purpose, under such rules and regulations 
as to organization and course of study as the State Superintendent of Public 
Instruction shall prescribe: Provided, further, that high school subjects 
may be taught in all public schools employing more than one teacher, accord- 
ing to such rules and regulations as to organization and course of study as 
shall be prescribed by the State Superintendent of Public Instruction, where 
the public funds are sufficient to provide for such teaching; but the high 
school branches taught in such schools shall not interfere with the thorough 
teaching of the elementary branches. 

1905, c. 533, s. 13. 

4114. Special tax may be voted in cities and towns. In every incorpo- 
rated city or town in which there is not now levied a special tax for schools, 
upon a petition signed by one-fourth of the freeholders therein, the board 
of aldermen or town commissioners of said city or town shall, at the date 
of municipal or general election next ensuing, upon the presentation of said 
petition, order an election to be held to ascertain the will of the people 
whether there shall be levied in such city or town a special annual tax of 
not more than thirty cents on the one hundred dollars valuation of property 
and ninety cents on the poll to supplement the public school fund in such 
city or town. Said election shall be held in the different election precincts 
or wards under the law governing municipal or general elections in said 
cities or towns. At said election those who are in favor of the levy and 
collection of said tax shall vote a ticket on which shall be printed or written 
the words "For Special Tax," and those who are opposed shall vote a ticket 
on which shall be printed or written the words "Against Special Tax." In 
case a majority of the qualified voters at said election is in favor of said 
tax, the same shall be annually levied and collected in such town or city 
in the manner prescribed for the levy and collection of other city taxes. All 
moneys levied under the provisions of this section shall, upon collection, be 
placed to the credit of the town school committee, composed of not less than 
five nor more than seven members, appointed by the board of aldermen for 



35 

said city or town, and shall be by said committee expended exclusively upon 
the public schools in said city or town; and ther^ shall be but one school 
district in the said city or town, in which there may be established one or 
more schools for each race, and the school committee shall apportion the 
money among said schools in such manner as in their judgment will equalize 
school facilities. 

1901, c. 4, s. 71. 

4115. Special tax may ke voted in special school districts. Special 
school tax districts may be formed by the county board of education in any 
county, without regard to township lines, under the following conditions: 
Upon a petition of one-fourth of the freeholders within the proposed special 
school district, in whose names real estate in such district is listed in the 
tax lists of the current fiscal year, endorsed by the county board of education, 
the board of county commissioners, after thirty days notice at the courthouse 
door and three public places in the proposed district, shall hold an election 
to ascertain the will of the people within the proposed special school district 
whether there shall be levied in such district a special annual tax of not 
more than thirty cents on the one hundred dollars valuation of property 
and ninety cents on the poll to supplement the public school fund which may 
be apportioned to such district by the county board of education in case such 
special tax is voted. The board of county commissioners shall appoint a 
registrar and two pollholders, and shall designate a polling place and order 
a new registration for such district, and the election shall be held in the 
district under the law governing general elections, as near as may be, and 
the registrar and pollholders shall canvass the vote cast and declare the 
result, and shall duly certify the returns to the board of county commission- 
ers, and the same shall be recorded in the records of said board of commis- 
sioners: Provided, the expense of holding said election shall be paid out of 
the general school fund of the county. At such election those who are in 
favor of the levy and collection of the tax shall vote a ticket on which shall 
be printed or written the words "For Special Tax," and those who are opposed 
shall vote a ticket on which shall be printed or written the words "Against 
Special Tax." In case a majority of the qualified voters at the election is in 
favor of the tax, the same shall be annually levied and collected in the 
manner prescribed for the levy and collection of other taxes. All moneys 
levied under the provisions of this section shall, upon collection, be placed 
to the credit of the school committee in such district, which committee 
shall be appointed by the county board of education, and such school com- 
mittee shall apportion the money among the schools in such district in such 
manner as in its judgment shall equalize school facilities. Upon the written 
request of a majority of the committee or trustees of any special tax district, 
the county board of education may enlarge the boundaries of any special 
tax district established under this section, or by special act or charter of 
the General Assembly of North Carolina, so as to include any contiguous 
territory, and an election in such new territory may be ordered and held 
in the same manner as prescribed in this section for elections in special 
tax districts; and in case a majority of the qualified voters in such new 
territory shall vote at such election in favor of a special tax of the same 
rate as that voted and levied in the special tax district to which said territory 
is contiguous, then the new territory shall be added to and become a part 
of the said special tax district ;vand in case a majority of the qualified voters 



36 

at such election shall vote against said tax, the district shall not be enlarged. 
Upon petition of two-thirds of the qualified voters residing in any special 
tax district established under this section, endorsed and approved by the 
county board of education, the board of county commissioners shall order 
another election in said district for submitting the question of revoking said 
tax and abolishing said district, to be held under the provisions prescribed 
in this section for holding other elections: Provided, that no election for 
revoking a special tax in any special tax district shall be ordered and held 
in said district within less than two years from the date of the election 
at which the tax was voted and the district established, nor at any time 
within les^ than two years after the date of the tast election on said question 
in said district; and no petition revoking such tax shall be approved by the 
county board of education oftener than once in two years, and if at such 
election a majority of the qualified voters in said district shall vote "Against 
Special Tax," said tax shall be deemed revoked and shall not be levied, and 
said district shall be discontinued: Provided, further, that the provisions 
for ordering a new election to revoke a special tax in any special tax district 
shall not apply to elections in such districts for increasing or restoring the 
special tax levy in such district, which elections may be ordered and held 
at any time in accordance with the provisions of this section for establishing 
new special tax districts. Special tax districts may &e formed as provided 
herein out of portions of contiguous counties. The petition for such a dis- 
trict must be endorsed by the hoards of education of both counties. The 
registrar and one poll holder shall be appointed by the board of commission- 
ers of the county in which the larger number of petitioners reside, and one 
poll holder must be appointed by the board of commissioners of the other 
county. All the provisions of section four thousand one hundred and twenty- 
nine in regard to districts in contiguous counties shall be applicable as far 
as may be to the establishment of special tax districts out of portions of 
contiguous counties herein provided. 

1901, c. 4, s. 72; 1903, c. 435, s. 24; 1905, c. 533, s. 14; 1909, c. 525; 1911, c. 
135; 1915, c. 236. 

4116. (Substitute for). Apportioxmext of school fuxds; reservatiox 
OF coxtixgext fuxd. The county board of education shall, on the first Mon- 
day in January and the first Monday in July of each year, apportion the 
school fund of the county to the various school districts; but it shall, before 
apportioning the school fund, reserve as a contingent fund an amount suffi- 
cient to pay the salary of the county superintendent and per diem and expense 
of the county board of education; and may further reserve as a fund for 
building and repairing schoolhouses and for equipment, in counties with a 
total school fund of five thousand dollars or less, not more than twenty per 
centum thereof; in counties with a total school fund of over five thousand 
dollars and not more than ten thousand dollars, not more than sixteen per 
centum thereof; in counties with a total school fund of over ten thousand 
dollars and not more than twenty-five, thousand dollars, not more than ten 
per centum thereof; in counties with a total school fund of over twenty-five 
thousand dollars, not more than seven and a half per centum thereof, to be 
used as directed in section four thousand one hundred and twenty-four. It 
shall be the duty of the county board of education to* distribute and apportion 
the school money so as to give to each school in the county for each race the 
same length of school term, as nearly as may be, each year. In making the 
apportionment the board shall have proper regard for the grade of work to 



37 

be done and the qualifications of the teachers required in each school for 
each race. As soon as the apportionments are made it shall be the duty of 
the board to notify the school committeemen and the treasurer of the county 
school fund of the amount apportioned to each school, designating each 
school by number, and stating whether for white, colored or Indian, and 
naming the township and county. Funds unused by any district during any 
year shall, if still unused at the January meeting subsequent to the close 
of the school year, be returned to the general school fund for reapportion- 
ment, unless such district shall have been prevented from using such funds 
during that year by providential or other unavoidable causes. 

Provided, that in the discretion .of the county board of education it may 
also reserve sufficient funds, after first providing for a six months school 
term in every school district, to pay a part of the cost, not to exceed one-half, 
necessary to employ a capable physician for his entire time as county health 
officer whose election meets with the approval of said board and whose duties 
shall be specified by the county board of health to embrace those provided for 
in that part of section eleven, chapter sixty-two, of the public health laws 
of one thousand nine hundred and eleven, relating to the medical inspection 
of schools and school children; and he shall lecture to the teachers in their 
meetings and supply them with printed instructions regarding measures for 
the proper care of the body, the recognition and prevention of disease, the 
recognition, prevention and correction of physical defects, etc.; and he shall 
keep an accurate daily record of the work he does under the provisions of 
this act and make weekly, monthly or quarterly reports giving such informa- 
tion as may be called for by blanks to be furnished by and returned to both 
the county board of education and the State Superintendent of Public In- 
struction; and if the county health officer should neglect for a period of 
ninety days to carry out the spirit of this act, unless his entire time should 
be required to fight an epidemic of some contagious or infectious disease, 
the county board of education may in its discretion withdraw its financial aid 
in his employment. Provided, further, that the county board of education 
may reserve as a further contingent fund a sufficient amount to pay the 
salary of an assistant superintendent, and to defray such other supervisory 
and administrative expenses as it may deem necessary, but the funds set 
aside for these purposes shall not operate to increase the amount to ichich 
said county would have been entitled from the State Equalizing Fund if 
said funds had not been set aside, and the same shall be included in the 
necessary expenses for a four months school term for which a special tax, 
if necessary, must be levied under chapter thirty-three of the public laws of 
one thousand nine hundred and thirteen. 

1913, c. 149; 1915, c. 236. 

SUGGESTIONS ON APPORTIONING SCHOOL FUND. 

1. Determine first of all what the total school fund is, including the 
county's per capita apportionment from the State appropriation of $250,000. 

2. Next reserve the contingent fund to pay the salary and expenses of the 
county superintendent, and the mileage, per diem and expenses of the county 
board, and the expenses of the county institute. 

3. Reserve, if necessary, what may be needed for building, observing that 
the amount for this purpose is limited according to the amount of the total 
fund. ■^ 



38 

4. After fixing the monthly salary of each teacher of each school of each 
race and the allowance to each school for incidental expenses, apportion the 
balance so as to give the same length of school term to each school of each 
race or as nearly as may &e. 

o. Having ascertained the balance available for apportionment for teachers' 
salaries and incidental expenses, proceed as follows to ascertain, the amount 
to be apportioned to each district for each race to secure the same length of 
school term in each as required by law: 

(a) Ascertain the aggregate monthly salaries of all teachers, white and 
colored, as fixed, and the aggregate monthly allotvance for incidental ex- 
penses for all schools of the county. 

(&) These tico amounts added loill give the total cost per month of all 
schools. 

(c) Divide the balance available for apportionment by this sum, and it 
will give the length of the term in months of each school. 

(d) Multiply the monthly expense of each district for salary of teacher or 
teachers and incidental expenses by the quotient so obtained and the product 
will be the amount to be apportioned to each district. 

4117. Apportionment, basis of. The semi-annual apportionment of public 
school money shall be based upon the amounts actually received by the county 
treasurer from all sources and reported by him to the county board of educa- 
tion, as required by this chapter. 

1901, c. 4, s. 25. 

4118. Fiscal school year. The fiscal school year shall begin on the first 
day of July and close on the thirtieth day of June next succeeding. 

1901, c. 4, s. 67. 

VIII. THE POWEES AND DUTIES OF THE COUNTY BOARD OF 

EDUCATION 

Summary. — The county board is composed of three members appointed by 
THE General Assembly.* Corporate powers as to acquiring, holding and 
disposing of school property are conferred on this board, and it has addi- 
tional power to make regulations governing the attendance of pupils on 
the schools and of teachers on educational meetings. This board also 

CONTROLS the TIME THE SCHOOLS MAY BE IN SESSION, THE BUILDING AND REPAIR 
of all SCHOOLHOUSES, AND MAY CREATE OR ABOLISH OR CONSOLIDATE SCHOOL DIS- 
TRICTS. In ADDITION TO THE EXERCISE OF THE USUAL CORPORATE POWERS, THIS 
BOARD MAY CONDEMN LAND FOR SCHOOL SITES AND MAY PUNISH FOR CONTEMPT. 
All NECESSARY POM^ER TO ENFORCE THE SCHOOL LAW IS CONFERRED ON THIS BOARD, 
WITH EXPLICIT POWER TO REMOVE THE COUNTY SUPERINTENDENT UNON THE COM- 
PLAINT OF THE State Superintendent, and to remove any teacher for im- 
moral CONDUCT. 

4119. Election of; vacancies in, how filled. The General Assembly of 
one thousand nine hundred and nine shall appoint three men in each county, 
who shall constitute the county board of education — one for a term of office 
of two years, one for a term of office of four years and one for a term of office 
of six years. The term of office of each shall begin on the first Monday in 
July next succeeding his appointment. Each succeeding General Assembly, 



* Under special acts of the General Assembly the countv boards of education are elected by 
popular vote in the counties of Buncombe, Cleveland, Edgecombe, Rutherford, Iredell, and 
Mecklenburg. 



39 

at its regular session, shall appoint one member of the county board of 
education in place of the member whose term of office expires on the first 
Monday in July next succeeding that meeting of the General Assembly, and 
his term of office shall continue for six years from the first Monday in July 
next succeeding his appointment and until his successor is duly appointed and 
qualified: Provided, that the provisions of this section shall not apply to 
those counties in which the county boards of education were, at the general 
election of nineteen hundred and eight, elected by a vote of the people. No 
person shall be eligible as a member of the county board of education who is 
not known to be a man of intelligence, of good moral character, of good busi- 
ness qualifications, and heartily in favor of public education. In case of a 
vacancy in the county board of education, by death, resignation, or otherwise, 
such vacancy shall be filled by the remaining members of such county board 
until the next General Assembly meets and acts: Provided, that this act 
shall not apply to vacancies heretofore filled under this section; but if such 
vacancy should remain unfilled for thirty days after it occurs, it shall be 
filled by the State Board of Education. Upon failure of the General Assem- 
bly to appoint one or more members of the county board of education for any 
county as herein provided, such failure shall constitute a vacancy, which shall 
be filled by the State Board of Education: Provided, that no person, while 
actually engaged in teaching in the public schools, shall be eligible as a mem- 
ber of the county board of education. 

1901, c. 4, s. 12; 1903, c. 269, c. 439, s. 3; 1905, c. 533; s. 3; 1909, c. 435; 
1913, c. 149. 

4120. Qualification of members; failure to qualify; vacancy. Those 
persons who shall be appointed members of the county board of education 
by the General Assembly must qualify by taking the oath of office on or 
before the first Monday in July next succeeding their appointment. A fail- 
ure to qualify within that time shall constitute a vacancy, which shall be 
filled by the State Board of Education. Those persons who shall be elected 
or appointed to fill a vacancy must qualify within thirty days after notifica- 
tion thereof. A failure to qualify within that time shall constitute a vacancy, 
to be filled by the board which made such election or appointment. 

4121. Incorporated; powers and dlities of. The county board of educa- 
tion shall be a body corporate by the name and style of the County Board of 

Education of County, and by that name shall be capable of 

purchasing and holding real and personal estate, of building and repairing 
schoolhouses, of selling and transferring the same for school purposes, and 
of prosecuting and defending suits for or against the corporation. It shall 
have power and authority, and it shall be its duty, to institute and prosecute 
any and all actions, suits or proceedings against any and all officers, persons or 
corporations, or their sureties, for the recovery, preservation and application 
of all moneys or property which may be due to or should be applied to the 
support and maintenance of the schools, except in case of a breach of his 
bond by the treasurer of the county school fund, in which case action shall 
be brought by the county commissioners as is hereinafter provided. 

1901, c. 4, s. 13; 1903, c. 435, s. 4. 

4122. Rules and regulations for schools, teachers and pupils. The 
county board of education shall have power and authority to fix and deter- 
mine the method of conducting the public schools in their respective counties, 
so as to furnish the most advantageous method of education available to the 



40 

children attending the public schools in the several counties of the State; 
and such board and the county superintendent of public instruction shall 
have full power to make all just and needful rules and regulations governing 
the conduct of teachers and pupils as to attendance on the schools, discipline, 
tardiness, and the general government of the schools. 

1903, c. 435, s. 4. 

[Under the provisions of this section the county board and the county 
superintendent may make and enforce such attendance regulations as may 
1)6 necessary to secure regular and prompt attendance on the part of the 
children. The same authority may also regulate the attendance of teachers 
on all meetings which may be thought to promote educational progress.] 

4123. Time of opening and closing schools. The time of opening and 
closing the public schools in the several public school districts of the State 
shall be fixed and determined by the county board of education in their 
respective counties. The board may fix different dates for opening the 
schools in different townships, but all the schools of each township must 
open on the same date, as nearly as practicable. 

1903, c. 435, s. 4. 

[This section simply means that the school term must not be divided and 
taught during different seasons of the year unless some epidemic or other 
providential cause interferes with the regular term. The county board must 
exercise this control if it would carry out the provisions of section ^tlG.] 

4124. SCHOOLHOUSES, BUILDING AND APPROVAL OF ; CONTRACTS FOR. The 

building of all new schoolhouses shall be under the control and direction of 
and by contract with the county board of education. The board shall pay 
not exceeding one-half of the cost of the same out of the fund set aside for 
building, under section four thousand one hundred and sixteen, and the 
school district in which any schoolhouse is erected shall pay the other part, 
and upon failure of such district to provide its part by private subscription, 
or otherwise, the board is directed to take it out of the apportionment to that 
district; but the board shall not be authorized to invest any money in any 
new house that is not built in accordance with plans approved by the State 
Superintendent of Public Instruction. All contracts for buildings shall be 
in writing, and all buildings shall be inspected, received and approved by the 
county superintendent of public instruction before full payment is made 
therefor. 

1903, c. 435, s. 4 

[This means that the county board, out of the building fund ivhich it may 
reserve by the provisions of section '/IIB, shall pay not exceeding one-half 
the cost of building any new schoolhouse, the other part of the expense to be 
borne by the district; but the board has complete control of the whole sub- 
ject, and may forbid the erection of a schoolhouse in a district which ought 
not to exist. It must be remembered that no house can be built except in 
accordance with plans approved by the State Superintendent, and the county 
board is charged tvith the duty of carrying into effect this provision to secure 
neat, comfortable and attractive houses. Pamphlets containing plans of 
such houses as will be approved by the State Sitperintendent. together with 
specifications, estimates of cost and bills for material, will be furnished by 
the State Superintendent on application.] 

4125. Power of, to execute school law. In addition to all other duties 
and powers imposed and conferred upon it by law, the county board of 



41 

education shall have general control and supervision of all matters pertaining 
to the public schools in their respective counties, and are given the powers 
to execute and are charged with the due execution of the school laws in their 
respective counties; and all powers and duties conferred and imposed by 
this chapter and other laws of the State respecting public schools which are 
not expressly conferred and imposed upon some other official are conferred 
and imposed upon the county boards of education, and an appeal shall lie 
from all other county school officers to such board. In all actions brought 
in any court against a county board of education for the purpose of com- 
pelling the hoard to admit any child or children who have been excluded 
from any school by the order of the county board of education, the order or 
action of the board shall be presumed to be correct, and the burden of proof 
shall be on the complaining party to shoiv to the contrary. 
1901, c. 4. s. 14; 1915, c. 236. 

4126. Removal of county superintendent, members of county board and 
SCHOOL committeemen. In case the State Superintendent shall have suffi- 
cient evidence at any time that any county superintendent of public in- 
struction or any member of the county board of education is not capable of 
discharging or is not discharging the duties of his office, as required by this 
chapter, or is guilty of immoral or disreputable conduct, he shall report the 
matter to the county board of education, which shall hear evidence in the 
case; and if, after careful investigation, it shall find sufficient cause for his 
removal, it shall declare the office vacant at once and proceed to elect his 
successor. Either party may appeal from the decision of the county board 
of education to the State Board of Education, which shall have full power to 
investigate and review the decisions of the county board of education. This 
section shall not deprive any county superintendent of the right to try his 
title to his office in the courts of the State. In case the county superintendent 
shall have sufficient evidence at any time that any member of any school 
committee is not capable of discharging or is not discharging the duties of 
his office, he shall bring the matter to the attention of the county board of 
education, which shall thoroughly investigate the charges, and shall remove 
such committeeman and appoint a successor, if sufficient evidence shall be 
produced to warrant his removal and the best interests of the schools de- 
mand it. 

1901, c. 4, ss. 10, 42. 

4127. May hold investigations; issue subpoenas; service of same; appeal 
to Superior Court. The county board of education shall have power to 
investigate and pass upon the moral character of any teacher in the public 
schools of the county, and to dismiss such teacher if found of bad moral 
character; also to investigate and pass upon the moral character of any 
applicant for a teacher's certificate or for employment as teacher in any 
public school in the county. Such investigation shall be made, after written 
notice of not less than ten days, to the person whose character is to be in- 
vestigated. The board shall have power to issue subpoenas for the attendance 
of witnesses. Subpoenas may be issued in any and all matters which may 
lawfully come within the powers of the board and which in the discretion of 
the board require investigation; and it shall be the duty of the sheriffs, 
coroners and constables to serve such subpoenas upon payment of their lawful 
fees. Appeals provided for in this chapter shall be regulated by rules to be 
adopted by the board. The Superior Courts of the State may review any 



42 

action of the county board of education affecting any one's character or 
right to teach. 
1901, c. 4, s. 15. 

4128. Power to punish for contempt. The county board of education of 
each county shall have power to punish for contempt for any disorderly 
conduct or disturbance tending to interrupt it in the transaction of official 
business. 

1901, c. 4, s. 28. 

4129. School districts, how formed. The county board of education 
shall divide the townships into convenient school districts, as compact in 
form as practicable. It shall consult the convenience and necessities of each 
race in setting the boundaries of the school district for each race, and shall 
establish no new school in any township within less than three miles by the 
nearest traveled route of some school already established in said township, 
nor shall it create any school district with less than sixty-five children of 
school age, unless such district shall contain at least twelve square miles or 
shall be separated by dangerous natural barriers from a schoolhouse in the 
district of which the proposed new district is a part. Nothing in this chapter 
shall prevent the board, whenever it shall deem it necessary for the good 
of the public schools, from forming a school district out of portions of two 
or more contiguous townships. School districts may be formed out of por- 
tions of contiguous counties by agreement and consent of the county boards 
of education of the two counties, and in case of the formation of such dis- 
tricts the per capita part of the public school money due the children residing 
in one county shall be apportioned by the county board of education of that 
county and paid to the treasurer of the other county in which the schoolhouse 
is located, to be placed to the credit of the school district so formed. 

The county board of education of any county is authorized and empowered 
to change the boundary lines between local tax school districts in said county 
upon satisfactory evidence furnished to said board that the convenience and 
best interests of the residents of the districts require such change: Provided, 
that this authority to change boundaries between local tax districts shall 
not have the effect of releasing any taxpayer from the obligation of paying 
his school taxes, but shall be exercised only for transferring said taxpayer 
and his property from one local tax district to another in which the same 
rate of special taxation for schools is levied. 

Upon the consolidation of two or more school districts into one by the 
county board of education, the said county board of education is authorized 
and empowered to make provision for the transportation of pupils in said 
consolidated district that reside too far from the schoolhouse to attend 
without transportation, and to pay for the same out of the apportionment to 
said consolidated districts: Provided, that the daily cost of transportation 
per pupil shall not exceed the daily cost per pupil of providing a separate 
school in a separate district for said pupils. 

1901, c. 4, s. 29; 1903, c. 435, s. 12; 1905, c. 533, s. 7; 1909, c. 856; 1911, c. 135. 

4130. May accept donations ; may sell school property. The county 
board of education may receive any gift, grant, donation, or devise made for 
the use of any school within its jurisdiction. When in the opinion of the 
board any schoolhouse, schoolhouse site or other public school property has 
become unnecessary for public purposes, it may sell the same at public auc- 
tion, after advertisement of twenty days at three public places in the county, 



43 

or at private sale. The deed for the property thus sold shall be executed by 
the chairman and secretary of the board, and the proceeds of the sale shall 
be paid to the treasurer of the county school fund. 
1901, c. 4, ss. 30, 36. 

4131. (Substitute for.) School sites may be acquired by gift, purchase 
OR condemnation. The county board of education or the board of trustees 
of any incorporated or chartered graded school district may receive suitable 
sites for schoolhouses or school buildings by donation or purchase. In case 
of purchase, the county board of education or any board of trustees aforesaid, 
shall issue an order on its treasurer for the purchase money, and upon 
payment of the order the title to the site shall vest in the corporation in fee 
simple. Whenever the boards above mentioned are unable to obtain a suitable 
site for a school or school building by gift or purchase, such board shall 
report to the county superintendent of public instruction, who shall, upon 
five days notice to the owner or owners of the land, apply to the clerk of the 
Superior Court of the county in which the land is situated for the appoint- 
ment of three appraisers, who shall lay off by metes and bounds not more 
than two acres and assess the value thereof. The same means may be used to 
obtain more land in a district where there is a house or a site previously 
obtained, but not more than three acres shall be procured, including the site 
already obtained. They shall make a written report of their proceedings, to 
be signed by them, or by a majority of them, to the clerk within five days 
from their appointment, who shall enter the same upon records of the court. 
The appraisers and officers shall serve without compensation. If the report 
is confirmed by the clerk, the chairman and the secretary of the board shall 
issue an order on the treasurer of the county school fund, or, if a graded 
school district, upon the treasurer of the graded school district, in favor of 
the owner of the land thus laid off, and upon the payment or offer of payment 
of this order the title to such land shall vest in fee simple in the corporation. 
Any person aggrieved by the action of the appraisers may appeal to the 
Superior Court in term, upon giving bond to secure the board against such 
costs as may be incurred on account of the appeal not being prosecuted with 
effect. 

1901, c. 4, s. 31; 1903, c. 435, s. 13; 1905, c. 533, s. 8; 1911, c. 135; 1913, c. 149. 
[Several acres of land ought always to be secured for the site of a rural 
school, if possible.] 

4132. Deeds to be filed with clerk; secretary to keep index. All deeds 
to the county board of education shall be registered and delivered to the 
clerk of the Superior Court for safe keeping, and the secretary of the county 
board of education shall keep an index, by township and school districts, of 
all such deeds in a book for that purpose. 

1901, c. 4, s. 32; 1903, c. 435, s. 14. 

[This section requires the county superintendent to keep a convenient 
index of the deeds for all the school property of the county.] 

4133. Meetings of; duties at. The county board of education shall meet 
on the first Monday in January, April, July and October, and may, if neces- 
sary, continue in session two days, and it may have called meetings, of one 
day each, as often as once a month if the school business of the county 
require it. It shall, at the meetings in January, April, July and October, 
examine the books and vouchers and audit the accounts of the treasurer of 
the county school fund. Th^ boards of education of the several counties 



44 

shall cause to be published annually on the first Monday of August in some 
newspaper published in the county, or at the courthouse door if there be no 
newspaper published therein, or in the printed annual school report of said 
county, an itemized statement of all receipts and expenditures of school 
funds. 

1891, c. 460; 1901, c. 4, s. 27; 1903, c. 435, s. 26; 1905, c. 533, s. "21; 1911, 
c. 135; 1913, c. 149. 

4134. Superintendent and treasurer to meet with, in July, to settle 
ALL business OF FISCAL YEAR. On the first Monday in July the county board 
of education, county superintendent of public instruction and treasurer shall 
meet at the office of the board and settle all the business of the preceding 
fiscal year. The board shall on that day examine the reports of treasurer 
and county superintendent, and if found correct shall direct them to be for- 
warded to the State Superintendent within thirty days thereafter. 

1901, c. 4, s. 59; 1903, c. 435, s. 20. 

Compensation of members of board. The members of the county board of 
education shall receive three dollars per diem and the same mileage as is 
allowed to the members of the board of county commissioners of their 
counties. 

Revisal of 1905, v. 1, c. 66, s. 2786; 1915, c. 236. 

IX. THE POWERS AND DUTIES OF THE COUNTY SUPERINTENDENT 

Summary. — The county superintendent is elected for a term of two 
years by the county board on the first Monday in July. He must be a man 
of liberal education and of good moraij character, and must also be 
a practical teacher or have had two years experience in teaching or 
supervising schools within five years immediately preceding his election. 
During the public school term he must visit the public schools, 

AND he can not ENGAGE IN SCHOOL WORK WHICH WILL NULLIFY THIS REQUIRE- 
MENT. The COUNTY superintendent is secretary OF THE COUNTY BOARD, AND 
MUST HAVE HIS OFFICE AT THE COUNTY SEAT. He IS REQUIRED TO HOLD TOWN- 
SHIP teachers' MEETINGS, SUPERVISE THE WORK OF THE TEACHERS, ATTEND THE 

State Association of County Superintendents, must instruct committee- 
men AS to their duties, must distribute the blank forms furnished him 
BY THE State Superintendent, must make reports to the State Superin- 
tendent, and he must furnish statistics as to the number of deaf and 

DUMB AND BLIND CHILDREN IN HIS COUNTY. If THE COUNTY SCHOOL FUND EX- 
CEEDS $15,000 ANNUALLY, HE MAY BE PAID SUCH SALARY AS THE COUNTY BOARD 
MAY fix; OTHERWISE, HIS SALARY MAY BE FIXED AT FOUR PER CENT OF THE DIS- 
BURSEMENTS OF THE SCHOOL FUND, OR IT MAY BE FIXED AT NOT LESS THAN $3 A 
DAY, FOR THE TIME ACTUALLY EMPLOYED. NO VOUCHER IN THE HANDS OF THE 
TREASURER OF THE SCHOOL FUND IS A VALID VOUCHER UNLESS SIGNED BY THE 
COUNTY SL-PERINTENDENT. UnDER CERTAIN CONDITIONS, THE COUNTY SUPERIN- 
tendent has charge of the examination and certification of teachers. 
Under section 4161, he must meet w^th committeemen for election of 
teachers, and such election must have his approval. 

4135. Election, qualification and term of office; vacancy. The county 
board of education, on the first Monday in July, one thousand nine hundred 
and five, and biennially thereafter, shall elect a county superintendent of 
public instruction, who shall be at the time of his election a practical teacher, 
or who shall have had at least two years' experience in teaching or super- 



45 

vising schools within five years immediately preceding his election, and who 
also shall be a man of liberal education, and shall otherwise be qualified to 
discharge the duties of his office as required by law, due regard. being given 
to experience in teaching. Such superintendent must be of good moral char- 
acter, and shall hold his office for a term of two years from the date of his 
election and until his successor is elected and qualified. Any person who 
has filled the office of county superintendent for four years next preceding the 
eleventh day of March, one thousand nine hundred and one, shall be eligible 
to such office in Bertie and Bladen and Columbus counties, if the election of 
such person meets the approval of the State Board of Education. In case 
of vacancy, by death, resignation or otherwise, in the office of county super- 
intendent, such vacancy shall be filled by the county board of education: 
Provided, that any county whose total school fund does not exceed fifteen 
thousand dollars may unite with any adjoining county and by agreement 
between the county boards of education of two counties, meeting in joint 
session, may employ a county superintendent who shall devote his entire 
time to supervising impartially the educational work of the counties thus 
employing him. The agreement between the two county boards thus jointly 
employing one county superintendent, as to the apportionment of his salary 
and expenses, the division of his time and all other essential details, shall 
be recorded in the minutes of the board of education of each county. 

The county superintendent of public instruction shall have authority to 
administer oaths to teachers and all subordinate school officials where an oath 
is required of the same. 

1901, c. 4, s. 16; 1903, c. 435, s. 5; 1911, c. 135; 1913, c. 149. 

[The county superintendenfs office is the most important office in the 
county. He need not be a resident of the county when elected. If possible, 
he should be paid large enough salary to enable him to devote all his time 
to his work.] 

4136. Report of electio:^ of, to State Superintendent. Immediately 
after the election of the county superintendent of public instruction the 
chairman of the county board of education shall report to the State Super- 
intendent of Public Instruction the name, address, experience and qualifica- 
tions of the person elected; and the person elected shall report to the State 
Superintendent, as soon as he shall have qualified, the date of such qualifi- 
cation. 

1901, c. 4, s. 16; 1903, c. 435, s. 5. 

4137. Districts in cities and towns may jointly employ. By and with 
the consent of the county board of education, the school committees of two 
or more contiguous districts in any city or town may, by a majority vote of 
the committee in each district, employ a practical teacher, who shall be 
known as the superintendent of the public schools of such districts, and he 
shall perform all the duties of the county superintendent of public instruc- 
tion as to such districts, and shall make to the county superintendent all 
reports that may be necessary to enable him to make his reports to the 
State Superintendent. 

1889, c. 199, s. 47; 1901, c. 4, s. 74. 

4138. Not to teach school; to reside in the county. Every county 
superintendent shall reside in the county of which he is superintendent. It 
shall not be lawful for any county superintendent to teach a school while 
the public schools of his county are in session; but the State Board of Educa- 



46 

tion may, for good and sufficient reason, permit a county superintendent to 
so teach. 

1901, c. 4, s. 44. 

4139. Ex OFFICIO SECRETARY TO THE BOARD; RECORDS TO BE KEPT. The COUUtv 

superintendent of public instruction shall be ex officio the secretary of the 
county board of education. He shall record all proceedings of the board, 
issue all notices and orders that may be made by the board pertaining to the 
public schools, schoolhouses, sites or districts (which notices or orders it 
shall be the duty of the secretary to serve by mail or by personal delivery, 
without cost), and record all school statistics, look after all forfeitures, fines 
and penalties, see that the same are placed to the credit of the school fund, 
and report the same to the board. The board shall provide the county 
superintendent with an ofllce at the county seat, in the county courthouse if 
possible, and with a suitable book in which to keep the records required by 
this section. The records of the board and the county superintendent shall 
be kept in the office provided for that purpose by the board. 

1901, c. 4, s. 36. 

[7^ is very important to keep full and accurate records and to look closely 
after the proper disposition of all fines, forfeitures and penalties. An account 
hook will he furnished on application to the State Superintendent. The 
superintendent should report to the solicitor all failures to apply the moneys 
from fines, etc.. to their proper purpose. ^ 

4140. To HOLD teachers' MEETINGS. The county superintendent shall each 
year hold not less than one teachers' meeting in each township, which the 
teachers shall be required to attend. If necessary, one school day must be 
set apart for this purpose. 

1901, c. 4, s. 38; 1903, c. 435, s. 17. 

4141. Must advise and may suspend teachers; must attend State and 
District Associations of, Superintendents. It shall be the duty of the 
county superintendent to advise with the teachers as to the best methods of 
instruction and school government, and to that end he shall keep himself 
thoroughly informed as to the progress of education in other counties, cities 
and States. He shall have authority to correct abuses, and to this end he 
may, with the concurrence of a majority of the school committee, suspend 
any teacher wlio may be guilty of any immoral or disreputable conduct or 
may prove himself incompetent to discharge efficiently the duties of a public 
school teacher or who may be persistently neglectful of such duties. The 
county superintendent shall be required to visit the public schools of his 
county while in session, and shall inform himself of the condition and needs 
of the various schools within his jurisdiction. Unless providentially hin- 
dered, he shall attend continuously during its session the annual meeting of 
the State Association of County Superintendents, and the annual meeting of 
the District Association of County Superintendents, and the county board of 
his county shall pay out of the county school fund his traveling expenses, 
including board, and allow him his per diem while attending such meeting; 
but county superintendents employed on salary shall not receive any per 
diem while in attendance on such meeting. 

1901, c. 4, s. 39; 1903, c. 435, s. 18; 1905, c. 533, s. 10; 1911, c. 135. 
[It is mandatory that the county superintendent visit the schools, and 
county hoards of education must see that the latv is properly ohserved.l 

4142. Must distribute blanks and books and advise co:NrMiTTEES. It shall 
be the duty of the county superintendent to distribute to the various school 



47 

committees of his county all such blanks as may be furnished by the State 
Superintendent of Public Instruction tor reports of school statistics of the 
several districts; also blanks for teachers' reports and for orders on the 
treasurer of the county school fund for teachers' salaries. He shall also dis- 
tribute to the school committees school registers for their respective districts 
and necessary record books; he shall advise with the committee as to the 
best methods of gathering the school statistics contemplated by such blanks, 
and by all proper means shall seek to have statistics fully and properly 
reported. 

1901, c. 4, s. 40. 

4143. Must make reports to State Superintendent. It shall be the duty 
of each county superintendent, on or before the first Monday in July of each 
year, to report to the State Superintendent of Public Instruction an abstract 
statement of the number, grade, race and sex of the teachers examined and 
approved by him during the year; also the number of public schools taught 
in the county during the year for each race, the number of children of school 
age in each school district, the number enrolled in each district, the average 
daily attendance in each district, by race and sex, and the number of all 
persons in the county between the ages of twelve and twenty-one who can 
not read and writ. He shall also report, by race and sex, the number of 
pupils enrolled in all the schools, their average attendance, the average length 
of terms of the schools and the average salary for the teachers of each race; 
the number of school districts for each race, and any new school districts laid 
out during the year shall be specified in his report. He shall also report the 
number of public schoolhouses and the value of the public school property for 
each race, the number of teachers' institutes held, the number of teachers 
attending such institutes, together with such suggestions as may occur to him 
promotive of the school interest of the county. He shall record in his book 
an accurate copy of such report. If any county superintendent fail or refuse 
to perform any of the duties required of him by this chapter, he shall be 
subject to removal from his office by the county board of education upon the 
complaint of the State Superintendent of Public Instruction. 

1901, c. 4, s. 41. 

[Copies of all reports made should be recorded in the record hook, of the 
county hoard for future reference. It would he well to record, also, the 
treasurer's report. ^ 

4144. To report as to deaf and dumb and blind children. It shall be 
the duty of the county superintendent to require of the school committees, 
in enumerating the number of school children, to make a statement in the 
report of the number of deaf and dumb and blind between the ages of six and 
twenty-one years, designating the race and sex, and the address of the parent 
or guardian of such children; and the county superintendents are hereby 
required to furnish such information to the principals of the deaf and dumb 
and blind institutions; and the Superintendent of Public Instruction, in 
preparing blanks for reports required to be made to him, shall include ques- 
tions the answers to which will furnish the information required by this 
section. 

1901, .c. 4, s. 43. 

Salary of county superintendent. The salary of the county superintend- 
ent of schools shall be fixed by the county board of education. It shall not 
be less than three dollars per day while engaged in the service of the public 
schools. The county board of education may fix an annual salary not to ex- 



48 

ceed four per cent of the disbursements for schools under his supervision. 
The county board of education of any .county whose total school fund exceeds 
fifteen thousand dollars may employ a county superintendent, for all of his 
time, at such salary as may be fixed by said board, 
Revisal of 1905, v. I, c. 66, s. 2782. 

X. THE POWERS AND DUTIES OF THE SCHOOL COMMITTEE 

Summary. — The school committee is composed of three persons. Oxe 

MEMBER IS appointed BY THE COUNTY BOARD ON THE FIRST MONDAY IN JULY, EACH 
YEAR, FOR A TERM OF THREE YEARS. ThESE MAY BE TOWNSHIP OR DISTRICT COM- 
MITTEEMEN, AS THE COUNTY BOARD MAY DETERMINE.' EACH SCHOOL COMMITTEE 
MUST ELECT A CHAIRMAN AND A SECRETARY, AND KEEP AN ACCURATE RECORD OF ALL 
ITS PROCEEDINGS, AND CONTROL AND CARE FOR THE PUBLIC SCHOOL PROPERTY IN 
THE PUBLIC INTEREST. ThE COMMITTEE IS ALSO CHARGED WITH TAKING THE 
SCHOOL CENSUS, WITH ASCERTAINING THE NUMBER OF DEAF AND DUMB AND BLIND 
CHILDREN, AS WELL AS THE NUMBER OF ILLITERATE CHILDREN, BETWWEN THE AGES 
OF TWELVE AND TWENTY-ONE, AND THE NUMBER OF ADULT ILLITERATES. ThE 
SCHOOL COMMITTEE CAN NOT EXPEND ANY MONEY APPORTIONED FOR INCIDENTAI. 
EXPENSES WITHOUT THE CONSENT OF THE COUNTY BOARD; AND THEY MUST KEEP 
AN ACCURATE RECORD OF THE EMPLOYMENT OF TEACHERS AND OF ANY SPECIAL 
FUNDS DISBURSED BY THEM. ThEY ARE PROHIBITED FROM OVERDRAWING THE 
AMOUNT APPORTIONED FOR TEACHERS' SALARIES, AND FROM MAKING A CONTRACT 
BEYOND THEIR TERM OF OFFICE. CONTRACTS WITH PRIVATE SCHOOLS MAY BE MADE,. 
BY WHICH THE PUBLIC SCHOOL MAY BE TAUGHT IN CONNECTION WITH SUCH 
SCHOOLS. No MONEY FOR DISTRICT EXPENSES OF ANY KIND OR FOR THE SALARIES 
OF TEACHERS MAY BE PAID BY THE COUNTY TREASURER EXCEPT ON AN ORDER 
SIGNED BY A MAJORITY OF THE COMMITTEE. 

4145. Qualifications and election of; care taken of schoolhouses. The 
county board of education of each county shall, on the first Monday in July, 
one thousand nine hundred and thirteen, appoint in each of the townships of 
the county three intelligent men of good business qualifications who are 
known to be in favor of public education, who shall serve as follows: one 
for three years, one for two years, and one for one year from the date of their 
appointment as school committeemen in their respective townships and until 
their successors are elected and qualified. On the first Monday in July of 
each succeeding year, the board of education shall appoint one member of 
the school committee in place of the member whose term of office has just 
expired, and who shall continue in office for a period of three years and until 
his successor is duly appointed and qualified. If a vacancy shall occur at any 
time, by death, resignation or otherwise, it shall be the duty of the county 
board of education to fill such vacancy. Such board shall have the power to 
pay out of the reserve school fund to each member of the township committee 
thus appointed one dollar per day for not more than four days per annum. 
Such township committee must take the census in their township by districts, 
and shall be paid for taking the same at the rate of two cents per name, 
and may be paid each one dollar per day for not exceeding four days each 
year for such additional services as may be rendered by the committee in the 
discharge of their legal duties. Every township committee shall appoint 
one man in each school district in the township to look after the schoolhouse 
and property and advise with the committee. The county board of education 
in each county may, if it deem best, on the first Monday in July, 1913, in- 



49 

stead of electing township committeemen, elect for each school of the several 
townships three school committeemen of intelligence and good business quali- 
fications who are known to be in favor of public education, who shall serve 
as follows: one for three years, one for two years, and one for one year from 
the date of their appointment as committeemen and until their successors 
are appointed and qualified. And the board of education shall, on the first 
Monday of July of each succeeding year, appoint one member of the school 
committee in place of the member whose term of office has just expired and 
who shall continue in office for a term of three years and until his successor 
is duly appointed and qualified. If a vacancy should occur at any time, by 
death, resignation or otherwise, it shall be the duty of the county board of 
education to fill such vacancy; and in case such school committeemen shall 
be elected as above, all the powers and duties conferred under this cliapter 
on the township committeemen shall vest in such committeemen of the sev- 
eral schools of the township, who shall serve without compensation. 

1901, c. 4, s. 17; 1903, c. 435, s. 6; 1905, c. 533, ss. 17, 18; 1909, c. 769; 
1913, c. 149. 

[The committee system should be uniform; there should be only township 
committeemen in a county, or only district committeemen. Those counties 
which have adopted the township system find it much the more satisfactory. 
This is the experience of other States. The general adoption of the toivnship 
system in this State would therefore be greatly desirable.] 

4146. To ELECT CHAIRMAN AND SECRETARY; APPEALS FROM. The school Com- 
mittee, as soon as practicable after their election and qualification, not to 
exceed twenty days, shall meet and elect from their number a chairman and 
secretary, and shall keep a record of their proceedings in a book to be kept 
for that purpose. The name and address of the chairman and secretary 
shall be reported to the county superintendent of public instruction and 
recorded by him. 

1901, c. 4, s. 18. 

[A record book for committeemen loiU be supplied by the county super- 
intendent.] 

4147. Powers and duties as to school property. The school committee 
shall be entrusted with the care and custody of all schoolhouses, schoolhouse 
sites, grounds, books, apparatus or other public school property in the town- 
ship, with full power to control the same, as they may deem best for the 
interest of the public schools and the cause of education. 

1901, c. 4, s. 19. 

4148. (Substitute for.) Census to be t^ken; reports ;. deaf and dumb, 
BLIND AND illiterate TO BE REPORTED. The school commlttce of each township 
or district is hereby required to furnish annually to the county superintendent 
of schools a census report of all the children of school age in the toivnship 
or district by name, age, sex, and race, and the names of their parents or 
guardians. The blanks upon ivhich such reports are to be made shall be 
furnished to the various school committees by the county superintendent at 
least two weeks prior to the beginning of the school term in each district, 
and the report, duly swoi'n to by the person taking the census, and signed 
and approved by the members of the committee, shall be returned to the. 
county superintendent on or before the first day of the school term of each 
school year; and any committee failing to comply with the provisions of 
this section, ivithout just cause, shall be subject to removal. The school 
committee is authorized to designate one of the teachers, or some other com- 

4— Public School Law 



50 

petent person in each school district, to take the census. The committeemen, 
or other person taking the census, shall be allowed a sum not exceeding 
three cents per name for all names reported l)etween the ages of six and 
twenty-one. The committee shall furnish to the teacher at the opening of 
the school a complete copy of the census furnished to the county superin- 
tendent, which shall &e recorded hy the teacher in the school register. The 
census record entered in the register shall show the name, age, and sex of 
each child of school age in that district, together with the names and ad- 
dresses of the parents or guardians. The census report shall show also the 
number of children of compulsory attendance age, and the committee shall 
furnish the attendance officer a separate list of all children subject to com- 
pulsory attendance, containing the name, age, race, and sex of each and the 
names of their parents or guardians. 

There shall also be reported, by race and sex, the number and names of 
all persons between the ages of twelve and ticenty-one who cannot read and 
write and the number and names, by race and sex, of all persons over twenty- 
one years of age who cannot read and write, and the number of deaf and dumb 
and blind between the ages of six and twenty-one years, designating the race 
and sex and the address of the parents or guardians of such children. 

The committee shall also report to the county superintendent, who in turn 
shall report to the county board of education, the number of public school- 
houses and the value of all public school property for each race, separately. 

1901, c. 4, ss. 20, 43; 1901, c. 3, s. 1; 1903, c. 435, s. 7; 1911, c. 135; 1915, c. 236. 

Section 5 of chapter 173 of the Laws of 1913, The Compulsory Attendance 
Law, requires the attendance officer when appointed under said act to perform 
all the duties as to the census herein required of the school committee. 

4149. To KEEP A RECORD OF RECEIPTS AXD EXPENDITURES; PURCHASE SUPPLIES. 

The school committee for each township or district shall keep a book in 
which shall be recorded an itemized statement of all moneys apportioned 
to, received and expended by them for each school, and a copy of all contracts 
made by them with teachers. The committee shall have authority to purchase 
the supplies necessary for conducting the schools and for repairs, to an 
amount not to exceed in the aggregate the sum of twenty-five dollars in any 
one year for each school; but nothing in this section shall be so construed 
as to give school committees the right to make expenditures without the order 
of the county board. 

1901, c. 4, ss. 21, 35; 1905, c. 533, s. 19. 

[The county superintendent should furnish the committeemen a record 
book to keep their accounts.] 

4150. Must not overdraw. No committee shall give an order unless the 
money to pay it is actually to the credit of the district, and no part of the 
school fund for one year shall be used to pay school claims for any previous 
year. 

1901, c. 4, s. 34; 1903, c. 435, s. 16. 

4151. Private schools, committee may coxtract with; effect. In any 
school district where there may be a private school regularly conducted for 
at least six months in the year, unless such private school is a sectarian or 
denominational school, the school committee may contract with the teacher 
of such private school to give instruction to all puprls between the ages or 
six and twenty-one years in the branches of learning taught in the public 
schools, as prescribed in this chapter, without charge and free of tuition; 
and such school committee may pay such teacher for such service out of the 



51 

public school fund apportioned to the district, and the agreement as to such 
pay shall be arranged between the committee and teacher. Every teacher of 
the public school branches in such school shall obtain a first grade certificate 
before beginning his or her work, and shall from time to time make such 
reports as are required of other teachers under this chapter. The county 
superintendents of public instruction shall have the same authority in respect 
to the employment and dismissal of teachers under this section, and in every 
other respect, as is conferred in other sections of this chapter; and all con- 
tracts made under this section shall designate the minimum length of the 
public school term, which shall not be less than the average length of the 
public school term of the county of the preceding year. The amount paid 
such private school for each pupil in the public school branches, based on the 
average daily attendance, shall not exceed the regular tuition rates in such 
school for such branches of study. Every school to which aid shall be given 
under this chapter shall be a public school, to which all children living 
within the district between the ages of six and twenty-one years shall be 
admitted free of charge for tuition: Provided, that in case of contract with 
the teacher of a private school, under this section, tuition may be charged for 
instruction in higher branches of study not mentioned in section four thou- 
sand and eighty-seven, if the apportionment of funds for the public school of 
the district would in the opinion of the county board of education be insuffi- 
cient to provide instruction in these higher branches of study if the public 
school were taught separately. The committee may admit pay students over 
twenty-one years of age. 

1901, c. 4, ss. 33, 65; 1903, c. 435, s. 15; 1905, c. 533, s. 12. 

XI. THE TREASURER OF THE SCHOOL FUND 

Summary. — The county treasurer is treasurer of the school fund, and 

HE MUST GIVE A SEPARATE BOND FOR THE FAITHFUL DISCHARGE OF HIS DUTIES. 
He IS ALSO REQUIRED TO KEEP AN ITEMIZED RECORD OF HIS RECEIPTS AND DIS- 
BURSEMENTS OF THE SCHOOL FUND, AND TO PAY NO ORDER FOR MONEY UNLESS 
PROPERLY SIGNED BY THE COMMITTEE AND COUNTY SUPERINTENDENT. ThE TREAS- 
urer is also required to be in his office on the last saturday of each 
month, and to keep an account with each township and school district. 
Annually he must report to the State Superintendent and to the county 

BOARD, SETTING FORTH ALL THE MONEY TRANSACTIONS OF THE YEAR. ThE COUNTY 
board may require reports OFTENER THAN ONCE A YEAR. FAILURE TO MAKE 
proper reports constitutes a MISDEMEANOR. ThE COMPENSATION- OF THE TREAS- 
URER IS TO BE FIXED BY THE COUNTY BOARD, NOT TO EXCEED TWO PER CENT OF HIS 
DISBURSEMENTS. 

4152. County treasurer made treasurer of school fund; bond. The 
county treasurer of each county shall receive and disburse all public school 
funds, and shall keep the same separate and distinct from all other funds; 
but before entering upon the duties of his office he shall execute a justified 
bond, with security, in an amount to be fixed by the board of county commis- 
sioners, not less than the moneys received by him or by his predecessor 
during the previous year, conditioned for the faithful performance of his 
duties as treasurer of the county school fund, and for the payment over 
to his successor in office of any balance of school moneys that may be in his 
hands unexpended. The bonM of the treasurer of the county school fund 
shall be a separate bond, not including liabilities for other funds, and shall 



52 

be approved by the board of county commissioners, and that board may from 
time to time, if necessary, require him to strengthen his bond. 

Compensation of county tkeasurer for receiving and disbursing school 
FUNDS. (Rev. 1905, sec. 2778.) The county treasurer shall -receive as com- 
pensation in full for all services required of him such a sum, not exceeding 
one-half of one per cent on moneys received and not exceeding two and a 
half per cent on moneys disbursed by him, as the board of county commis- 
sioners of the county may allow. As treasurer of the county school fund he 
shall receive such sum as the board of education may allow him, not exceed- 
ing two per cent on disbursements: Provided, that said treasurer shall be 
allowed no commission or compensation for receipts and disbursements of 
any loan or loans made to the county by the State Board of Education under 
section four thousand and fifty-three of The Revisal of one thousand nine 
hundred and five: Provided, that in counties where his compensation can 
not exceed the sum of two hundred and fifty dollars the said treasurer may 
be allowed a sum not exceeding two and a helf per cent on his receipts and his 
disbursements: Provided further, that the County Treasurer of Buncombe 
County shall receive as compensation in full for all services required of him 
seventeen hundred and fifty dollars per annum, paid pro rata from the county 
fund and the school fund. The County Treasurer of Gaston County shall 
receive as compensation in full for all services required of him a yearly 
salary not exceeding twelve hundred dollars, to be fixed by the commissioners 
of said county. The County Treasurer of Mecklenburg County shall receive 
as compensation in full for all services required of him a yearly salary not 
exceeding twenty-seven hundred and fifty dollars, to be fixed by the commis- 
sioners of said county; said salaries to be in lieu of all commissions allowed 
by law. The Treasurer of Martin County shall receive as his commissions 
two and one-half per cent on all money received by him as general county 
fund and two and one-half per cent on all money disbursed by him as general 
county fund. Commissions on school fund shall remain as already provided 
by law. 

1901, c. 4, ss. 46, 47; Revisal 1905, c. 66, s. 2778; 1913, c. 149. 

4153. Bond, action on. The board of county commissioners shall bring 
action in the name of the State upon the relation of such board for any 
breach of the bond of the treasurer of the county school fund, and on its 
failure to bring such action it may be brought in the name of the State on the 
relation of any taxpayer. 

1901, c. 4, s. 47. 

4154. To KEEP DETAILED account OF RECEIPTS; TO ACCEPT MONEY ONLY. The 

treasurer of the county school fund shall keep a book in which shall be 
entered a full and detailed account of all public school moneys received by 
him, the name of each person paying him school money, the source from 
which the same may have been derived, and the date of such payment. In 
his settlement with the sheriff or other collecting officer of public school 
funds the treasurer shall receive money only. 
1901, c. 4, s. 52. 

4155. To PAY ONLY such orders as allowed herein. Every order for the 
payment of a teacher's salary, for building, repairs, school furnishing or for 
the payment of money for any purpose whatsoever, before it shall be a valid 
voucher for the county treasurer, shall be signed first by at least two mem- 
bers of the school committee, then by the county superintendent. No order 
shall be signed by the county superintendent for more money than is to the 



53 

credit of that district for the fiscal year, nor shall he endorse the order of 
any teacher who does not produce a certificate as required by law. The 
treasurer shall not pay any school money for building or repairing any 
schoolhouse unless the site on which it is located has been donated to or 
purchased by the county board of education and the deed for the same 
regularly executed and delivered to such board and probated and registered 
in the office of the register of deeds for the county and delivered to the clerk 
of the Superior Court, to be by him safely deposited with his valuable official 
papers and surrendered to his successor in office. 
1901, c. 4, s. 48. 

4156. To BE AT HIS OFFICE OX LAST SATURDAY iint MONTH. The treasurer 
of the county school fund shall, on the last Saturday of each month, attend 
at his office for the purpose of paying school orders, but this shall not prevent 
the payment of orders at other times. 

1901, c. 4, s. 58. 

4157. To KEEP AN ACCOUNT WITH EACH TOWNSHIP AND DISTRICT; ANNUAL 

REPORT OF iJALANCES. It shall bc the duty of the treasurer of the county 
school fund to keep a book in which he shall open an account with each 
township in the county, showing the amount apportioned to such township by 
the county board of education. He shall also open an account with each 
school district, showing the amount apportioned to such district. He shall 
record all payments of school money, giving the date, the amount, the person 
to whom paid and for what purpose paid. He shall balance the account of 
each township and district annually on the thirtieth of June, and shall 
report by letter or printed circular, within ten days thereafter, such balances 
to the county board of education and to the school committee. 
1901, c. 4, s. 49. 

4158. To REPORT ANNUALLY TO StATE SUPERINTENDENT AND TO COUNTY BOARD. 

The treasurer of any county, town or city school fund shall report to the 
State Superintendent of Public Instruction on the first Monday of August 
of each year the entire amount of money received and disbursed by him 
during the preceding school year, designating by items the amounts received, 
respectively, from property tax, poll tax, liquor licenses, fines, forfeitures 
and penalties, auctioneers, estrays, from State Treasurer and from other 
sources. He shall also designate by item the sum paid to teachers of each 
race, respectively, for schoolhouses, school sites in the several districts, and 
for all other purposes, specifically and in detail, by item, and on the same 
date he shall file a duplicate of such report in the office of the county board 
of education. He shall make such other reports as the county board of 
education of the county may require from time to time. Whenever the 
sheriff or other collecting officer pays over money to the treasurer of the 
school fund he shall designate the items as indicated in this section, and 
these items shall be stated in the receipts given by the treasurer. In all 
counties in which the office of county treasurer has teen abolished all hanks 
or other corporations handling the public school funds shall &e required to 
make all reports thereof re^iired of the treasurer of the county school funds 
under sections four thousand one hundred and fifty-seven and four thousand 
one hundred and fifty-eight of the Revisal of one thousand nine hundred and 
five as amended by any subsequent legislation. 
1901, c. 4, ss. 51, 56; 1913, c. 149; 1915, c. 236. 

4159. Duties on expiration of his term. Each treasurer of the county 
school fund, in going out oroffice, shall deposit in the office of the board of 



54 

education of his county his books in which are kept his school accounts, 
and all records and blanks pertaining to his office. If the term of office of 
any treasurer shall expire on the thirtieth day of November during any fiscal 
school year, or if for any reason he shall hold office beyond the thirtieth day 
of November and not for the whole of the current fiscal school year, he 
shall at the time he goes out of office file with the county board of education 
and with his successor a report, itemized, as required by the next preceding- 
section, covering the receipts and disbursements for that part of the fiscal 
school year from the thirtieth of June preceding to the time at which he 
turns over the office to his successor, and his successor shall include in his 
report to the State Superintendent the receipts and disbursements for the 
current fiscal year. 

1901, c. 4, ss. 57, 58. . ■ 

4160. To EXHIBIT BOOKS, VOUCHERS AND MONEY TO COUNTY BOARD. The treas- 
urer of the county school fund shall, when required by the county board of 
education, produce his books and vouchers for examination and shall also 
exhibit all moneys due the public school fund of the county at such settle- 
ment required by this chapter. 

1901, c. 4, s. 50. 

Treasurer failing to report. (Rev. 1905, sec. 3839.) If any treasurer 
of the county, town or city school fund shall fail to make reports required of 
him at the time and in the manner prescribed, or to perform any other 
duties required of him by law, he shall be guilty of a misdemeanor and be 
fined not less than fifty dollars and not more than two hundred dollars or 
imprisoned not less than thirty days nor more than six months, in the dis- 
cretion of the court. 

Revisal of 1905, v. I, c. 81, s. 3839; 1913, c. 149. 

XII. PRIVILEGES AND DUTIES OF TEACHERS 

nummary. — All teachers are elected by the school committee but must 

BE approved by THE COUNTY SUPERINTENDENT. A TEACHER CAN NOT BE DIS- 
MISSED EXCEPT FOR CAUSE, AFTER VTRITTEN CHARGES HAVE BEEN PREFERRED AND 
AN INVESTIGATION HELD. NO CONTRACT IS LEGAL UNLESS IT WAS ENTERED INTO 
WITH THE COMMITTEE AT A REGULARLY CALLED MEETING, AND UNLESS THE CON- 
TRACT DOES NOT EXTEND BEYOND THE TERM OF OFFICE OF THE COMMITTEE, AND 
UNLESS THE COMPENSATION WHICH THE CONTRACT NAMES IS WITHIN THE SALARY 
LIMIT PRESCRIBED BY THE COUNTY BOARD FOR THE PARTICULAR SCHOOL CONTRACTED 

FOR. There are three kinds of certificates — the ordinary certificate of 

THREE GRADES GRANTED BY THE COUNTY SUPERINTENDENT; THE FIVE-YEAR StATE 
CERTIFICATE, WITH A MINIMUM SALARY OF $35 PER MONTH TO THE HOLDER, AND 
THE HIGH SCHOOL CERTIFICATE. ThE FIVE-YEAR STATE AND THE HIGH SCHOOL 
CERTIFICATES ARE GRANTED BY THE STATE BOARD OF EXAMINERS. ThESE CER- 
TIFICATES MAY BE CONVERTED INTO LIFE CERTIFICATES. ThE FIRST-GRADE CERTIFI- 
CATE GIVEN BY THE COUNTY SUPERINTENDENT ENTITLES THE HOLDER TO TEACH FOR 
TW^O years; THE SECOND-GRADE CERTIFICATE ENTITLES THE HOLDER TO TEACH ONE 
YEAR AND LIMITS THE HOLDER'S SALARY TO $35 PER MONTH. HOLDERS OF THIRD- 
GRADE CERTIFICATES CAN BE EMPLOYED ONLY AS ASSISTANTS. AlL TEACHERS 

must be 18 years of age or over. no diploma of any college or normal school 
gives its holder the right to teach, though credits may be allowed by the 
State Board of Examiners on the basis of academic and professional train- 
ing. Every teacher must keep certain records and make certain reports 



55 

BEFORE HE CAN COLLECT HIS SALARY; MUST ENCOURAGE MORALITY AND GOOD 
ORDER AND MAINTAIN DISCIPLINE. EvERY TEACHER IS REQUIRED ONCE EVERY TWO 
YEARS TO ATTEND THE COUNTY INSTITUTE, IF HELD. IMMORAL AND WILLFULLY 
DISOBEIDIENT PUPILS MAY BE DISMISSED BY THE TEACHER. ThERE IS NO REGULA- 
tion forbidding corporal punishment. 

4161. School committee to employ and dismiss teachers; notice; con- 
tracts. The school committee shall have authority to employ and dismiss 
teachers, but no teacher shall be dismissed until charges shall have been 
filed in writing with the county superintendent, and after a hearing shall 
have been had before the committee of the district in which such teacher is 
teaching, after two days notice to such teacher. The committee shall meet 
at convenient times and places for the employment of teachers for the public 
schools, and no teacher shall be employed by any committee except at a regu- 
larly called meeting of such committee, due notice of such meeting having 
been given at three public places by the committee. The county board of 
education of each county shall fix annually a day and place in each township 
for the meeting of the township or district committeemen of said townships, 
who shall, in conference with the county superintendent, with whom applica- 
tion must have previously been filed by all applicants, select the teachers for 
their respective schools, except for rural public high schools: Provided, that 
no election of any teacher or any assistant teacher shall be deemed valid until 
such election has been approved by the county superintendent; and no 
voucher for the salary of a teacher of any school shall be signed by any 
county superintendent unless a copy of such teacher's contract has been 
filed with him as herein provided, and unless he shall have received satis- 
factory evidence that such teacher has been elected in strict accordance with 
this section. No contract for teachers' salaries shall be made during any 
year to extend beyond the term of office of the committee, nor for more 
money than accrues to the credit of the district for the fiscal year during 
which the contract is made. 

1901, c. 4, ss. 20, 22, 34; 1901, c. 3, s. 1; 1903, c. 435, ss. 7, 16; 1913, c. 149. 

4162. Examination; proficiency^; grades. On the second Thursday of 
July and October of every year the county superintendent of schools of each 
county shall publicly examine all applicants of good moral character for 
teachers' certificates on all subjects required to be taught in the public 
schools, and also on the theory and practice of teaching; and the county 
superintendent may continue the examination from day to day, if necessary, 
until all applicants have been examined; and, with the approval of the 
county board of education, he may, after giving at least ten days notice, 
hold public examinations on two other dates during the year. All examina- 
tions of teachers shall be held at the county courthouse, but for the con- 
venience of teachers the county superintendent may designate another place: 
Provided, due notice of the time and the place shall have been given. No pri- 
vate examination of applicants for teachers' certificates shall be given by the 
county superintendent unless a reasonable excuse shall be rendered for fail- 
ure to attend the public examination; and for every private examination 
each applicant for a certificate shall pay in advance to the county superin- 
tendent a fee of three dollars, to be paid by him to the treasurer of the 
county school fund, to be placed to the credit of the general school fund of 
the county. A general average of ninety per cent and over shall entitle the 
applicant to a first-grade certificate; a general average of eighty per cent. 



56 

and less than ninety per cent shall entitle the applicant to a second-grade 
certificate, and a general average of seventy per cent and less than eighty 
per cent shall entitle the applicant to a third-grade certificate. No certificate 
shall be valid except in the county in which it is issued. First-grade certifi- 
cates shall be valid for two years from date of issue; other grades of certifi- 
cates shall be valid for only one year and shall not be renewed except upon 
examination. Ihe county superintendent may invite competent persons io 
assist in the examination of applicants for certificates, and he shall file in 
his office a copy of all examination questions, and also preserve for at least 
one year the examination papers and grades of all applicants for certificates, 
and upon request of the State Superintendent of Public Instruction he shall 
send all examination papers and their gradation and a copy of all examination 
questions to the office of the State Superintendent of Public Instruction: 
Provided, that the State Superintendent of Public Instruction, in lieu of the 
provisions of this section in reference to the examination, the gradation 
and the certification of teachers, may in his discretion provide for a uniform 
system of gradation, examination and certification of public school teachers, 
prescribing the examination, the time and manner of conducting the same, 
and also for making provision for the classification of teachers' certificates 
into primary, intermediate and high school. 

In addition to the three grades of certificates herein provided, a certificate 
known as State certificate, signed by the State Superintendent and Board of 
Examiners, hereinafter provided, shall be issued to any person who upon 
examination by said board of examiners shall make a general average of not 
less than seventy-five per cent. Said examination shall be in writing and 
may be conducted before the county superintendent of public instruction in 
any county or before any person selected by said board of examiners, under 
such rules and regulations as said board may adopt, but the questions for 
such examination shall be furnished by said board of examiners, and said 
board shall meet at the call of the State Superintendent of Public Instruction 
to examine and grade all papers submitted by applicants for such State certifi- 
cate: Provided, that the said hoard of examiners may, in their discretion, 
and in lieu of examination allow certain credits for academic and profes- 
sional work done in approved institutio7is and for successful experience. 
The State Superintendent of Public Instruction shall be ex officio chairman 
of said board, and the chief clerk in the office of the State Superintendent of 
Public Instruction shall be ex officio secretary of the said board, and shall be 
paid out of the State treasury three hundred dollars annually as compensa- 
tion for additional services as secretary, and all persons who desire to be 
-examined for a State certificate shall file an application with the State 
Superintendent of Public Instruction, who shall notify such person when and 
where such examination will be held: Provided, that no person shall be 
permitted to staad such examination without first filing with the State Super- 
intendent of Pviblic Instruction a statement from the couny superintendent 
of public instruction of the county in which said applicant last taught that 
said applicant holds a first-grade certificate and has taught successfully at 
least one year. Said State certificate shall be valid in any county in the 
State, and no other examination or certificate as a prerequisite for teaching 
a public school shall be required of any person holding such State certificate 
for a period of five years from the date of issue of said State certificate, and 
said certificate shall he subject to renewal and may, in the discretion of the 
hoard of examiners, on its second reneival be converted into a life certificate. 



And the minimum salary paid to any teacher holding such State certificate 
shall be thirty-five dollars per month. Said board of examiners, under the 
direction of the State Superintendent of Public Instruction, shall examine all 
teachers who apply to the State Superintendent for a high school teacher's 
certificate, and said examination shall be conducted in the same manner as 
the examination for State certificates, as herein provided: Provided, that 
the said hoard of examiners may, in their discretion, and in lieu of 
examination allotv certain credits for academic and professional luork 
done in approved institutions and for successful experience; and said 
high school teacher's certificate shall he suhject to renewal and may, 
in the discretion of the hoard of examiners, on its second renewal he con- 
verted into a life certificate. Said State Board of Examiners shall consist 
of not less than three (3) and not more than five (5) practical school teach- 
ers, who shall be appointed by the State Board of Education upon the recom- 
mendation of the State Superintendent of Public Instruction, and they shall 
hold office for a term of four (4) years; and the members of said board 
actually serving shall be paid a per diem of four (4) dollars per day during 
the time that they are actually engaged, and in addition shall be repaid all 
money actually expended by them in payment of necessary expenses while 
so engaged, to be paid out of the public fund, and they shall make out and 
swear to an itemized statement of such expenses: Provided, that the State 
Superintendent of Public Instruction shall not be allowed any per diem for 
services as chairman of said board of examiners. 

1905, c. 533, s. 9; 1901, c. 4, s. 37; 1907, c. 835; 1911, c. 135; 1915, c. 236. 

[No private examination should he given unless the applicant tvas prevented 
from attending the regular examination on account of providential hin- 
drances.^ 

4163. Age, qualifications, certificates, grades and pay of; school month 
DEFINED. No person shall be employed as a teacher who does not produce a 
certificate from the county superintendent or State Superintendent of Public 
Instruction, dated within the time prescribed by law and continuing to the 
end of the term. No assistant teacher shall be employed in any one-teacher 
school until the average daily attendance shall have reached at least forty 
pupils, and in case the reports of any teacher shall for four consecutive 
weeks show an average daily attendance of less than forty pupils the assistant 
teacher may be dismissed. No certificate to teach shall be issued to any 
person under eighteen years of age. Teachers of second grade shall receive 
not more than thirty-five dollars per month out of the public fund, and 
teachers of the first grade may receive such compensation as shall be agreed 
upon. Teachers of the third grade shall receive not more than twenty 
dollars per month, but no third-grade certificate shall be renewed and no 
holder of a third-grade certificate shall be employed except as an assistant 
teacher. No teacher shall receive any compensation for a shorter term than 
one month, unless providentially hindered from completing the term. Twenty 
school days of not less than six hours nor more than seven hours each day 
shall be a month. The school term shall be continuous, as far as practicable. 
All laws and clauses of laws granting to or conferring upon the graduates 
or ex-students or students of any institution of learning, private or public, 
within this State or elsewhere, immunity, exemption or freedom from the 
operation of laws of this State requiring persons who desire to teach in free 
public schools of the State to^ubmit to and pass regular examinations before 



58 

the county superintendents before being duly qualified to serve as such 
teachers are hereby repealed. The county board of education shall fix, within 
the limits above prescribed, the maximum salary to be paid, to teachers in 
each school in the county. 

1901, c. 4, ss. 22, 24, 27, 34; 1901, c. 3, s. 2; 1901, c. 535; 1903, c. 435, ss. 9, 16; 
1911, c. 135; 1913, c. 149. 

[Coinmitteemen can not contract to pay any teacher more than the salary 
fixed for the school hy the county board.] 

4164. Salary, how paid; closing schools for xonattendance of pupils. 
At the end of every term of a public school the teacher or principal of the 
school shall exhibit to the school committee a statement of the number of 
pupils, male and female, the average daily attendance, the number of pupils 
completing the elementary grades, the length of term and the time taught. 
If the committee is satisfied that the provisions of this chapter have been 
complied with, they shall give an order on the treasurer of the county school 
fund, payable to such teacher, for the full amount due for services rendered; 
but monthly, and, if required by the county superintendent, weekly state- 
ments and reports shall be made by the teacher to the committee and to the 
county superintendent. Orders on the treasurer shall be valid when signed 
by two members of the committee and countersigned by the county superin- 
tendent. When a monthly or weekly report of any school where the district 
does not contain over one hundred and fifty children shows an average daily 
attendance of less than one-fifth of the school census, the committee may, with 
the approval of the county superintendent of schools, order the school to be 
closed, and the money due such school shall remain to the credit of that 
school; but all funds remaining to the credit of such school at the close of the 
school year, unused because of nonattendance, shall be returned to the general 
fund for reapportionment, unless such nonattendance shall have been caused 
by providential or other unavoidable causes; and the county board of educa- 
tion, upon the recommendation of the county superintendent, shall have 
authority to close any school for either race in any township before it shall 
have continued for the average length of school term for the township in 
case the attendance does not justify the continuance of the school, and the 
money remaining to the credit of such district thus closed for nonattendance 
shall be returned to the general school fund. The county board of education 
of such and every county is hereby authorized and directed to provide for 
the prompt payment of all teachers' salaries due at the end of each school 
month. 

1901, c. 4, ss. 23, 24; 1903, c. 435, ss. 8, 9; 1905, c. 533, s. 4; 1913, c. 149. 
[Monthly reports should &e required of every teacher, so that this section 
can he intelligently carried out.] 

4165. Keep record; report to county superintendent, also to State 
Superintendent, when. Every teacher or principal of a school to which aid 
shall be given under this chapter shall keep such record of the attendance 
and classification of pupils as shall be prescribed by the State Superintendent 
of Public Instruction or the county board of education; and at the end of 
each term, and when requested at other times, every teacher or principal 
shall report to the county superintendent of schools in such form and manner 
and on such blanks as shall be furnished by the county superintendent of 
schools or the State Superintendent of Public Instruction, At the end of 
every term every principal or teacher of a public school shall report to the 
county superintendent of schools the length of term of the school, the race 



59 

for which it was taught, the number, the sex and average daily attendance 
of the pupils, and the number of the district in which the school is taught, the 
number of children on census blank not attending any school, number of 
children under seventeen years of age not attending any school, stating some 
causes why they did not attend; how many families having children of school 
age who did not send any of their children to school; how many families did, 
stating what personal effort has been made to get the children to attend 
school. The county superintendent shall not approve the final voucher for 
the salary of any principal or teacher until all reports have been made accord- 
ing to law and until the register has been properly filled out and filed with 
the county superintendent of schools. The principal or superintendent of 
every school or institution of learning supported in whole or in part by public 
funds shall report to the State Superintendent at such time and in such form 
as he may direct, and shall also report to the county superintendent of the 
county in which such school or institution of learning is situated. 

1901, c. 4, ss. 64, 66; 1903, c. 435, s. 21; 1903, c. 533, s. 11. 

[The county superintendent should alioays require all reports to be fully 
and accurately signed before he signs the teacher's voucher for the last 
month's salary.] 

4166. To MAINTAIN ORDER AND ENCOURAGE VIRTUE; TO DISMISS IMPROPER 

PUPILS. It shall be the duty of all teachers of free public schools to maintain 
good order and discipline in their respective schools; to encourage morality, 
industry and neatness in all of their pupils, and to teach thoroughly all 
branches which they are required to teach. Pupils who willfully and per- 
sistently violate the rules of the school and any of immoral life and character 
shall be dismissed by the teacher. 
1901, c. 4, s. 63. 

4167. Teachers' institutes and schools, how conducted; teachers must 
ATTEND. The county board of education of every county shall biennially 
appropriate an amount not less than two hundred dollars nor more than 
two hundred and fifty dollars out of the public school funds of the county, the 
definite amount between the minimum and the maximum thus fixed to be 
determined by the State Superintendent of Public Instruction, for the purpose 
of conducting biennially a teachers' institute and school for the training of 
the public school teachers of the county at some convenient and satisfactory 
place. The biennial county teachers' institute and school provided for in 
this section shall be conducted by some practical teacher or teachers ap- 
pointed by the State Superintendent of Public Instruction, at such time and 
place as shall be determined by the State Superintendent of Public Instruc- 
tion, after consultation with the county superintendent of schools and the 
county board of education. All public school teachers of the State and all 
high school and graded school teachers are hereby required to attend bien- 
nially some county teachers' institute or accredited summer school contin- 
uously for a term of not less than two weeks, unless providentially hindered; 
and failure so to attend such institute or summer school shall be cause for 
debarring any teacher, so failing, from teaching in any of the public schools, 
high schools, or graded schools of the State until such teacher shall have 
attended, as required by law, some county institute or accredited school as 
herein provided for. The rules and regulations governing all teachers' in- 
stitutes, the course of study to be pursued and the proper credits for attend- 
ance on the same shall be prescribed by the State Superintendent of Public 
Instruction; and proper and just provision shall be made for the training 



60 

of the teachers of each race in separate institutes and schools: Provided, 
that counties whose total annual public school fund is less than eight thou- 
sand dollars may arrange with an adjoining county for holding a biennial 
teachers' institute and school, as herein provided for, making such biennial 
appropriation and arrangement with an adjoining county as shall be equita- 
ble and satisfactory, which appropriation and arrangement and the terms 
of the same shall first be approved by the State Superintendent of Public 
Instruction: and Provided further, that a properly signed certificate of con- 
tinuous attendance at some summer school of good standing for a period of 
not less than three weeks may be accepted by the county superintendent of 
schools as a substitute for attendance on the biennial teachers' institute and 
school herein provided for, under such rules and regulations as shall be 
prescribed by the State Superintendent of Public Instruction. Provided 
further, that the counties holding institutes on alternate years shall be 
equally divided in number, as nearly as may be, by the State Superintendent 
of Public Instruction after consultation with the county superintendents of 
schools and the county boards of education ; and that teachers in such coun- 
ties as may be exempted from holding institutes in one thousand nine hun- 
dred and sixteen, under this provision in order to divide the two groups of 
counties evenly, shall not be debarred from teaching for the school year 
ending June thirtieth, one thousand nine hundred and seventeen, because 
of nonattendance upon an institute or summer school in the year one thousand 
nine hundred and sixteen. 

1905, c. 533, s. 5; 1903, c. 436, s. 10; 1901, c. 4, s. 26; 1911, c. 135; 1915, c. 236. 

XIII. RURAL LIBRARIES 

Summary. — In any school district, incorporated towns having as many 
AS 1,000 inhabitants excepted, there may be established by aid of the 
State, a school library. The patrons and friends of the school are re- 
quired TO raise by private donations as much as $10 AND TENDER IT TO THE 
COUNTY TREASURER. THEREUPON THE COUNTY BOARD OF EDUCATION SHALL APPRO- 
PRIATE $10 OUT OF THE GENERAL SCHOOL FUND OF THE COUNTY, AND THE COUNTY 
SUPERINTENDENT SHALL CERTIFY THE SAME TO THE StATE SUPERINTENDENT. ThE 

State Superintendent is then required to send $10 from the State appro- 
priation TO THE treasurer OF THE COUNTY, AND THE $30 USED IN THE PURCHASE 
of BOOKS SELECTED FROM A LIST APPROVED BY THE StATE SUPERINTENDENT. ThE 
COUNTY BOARD IS REQUIRED TO FURNISH OUT OF THE GENERAL SCHOOL FUND A 
NEAT BOOKCASE, VTITH LOCK AND KEY. ThE LIBRARY THUS ESTABLISHED SHALL 
BE CONDUCTED UNDER RULES AND REGULATIONS PRESCRIBED BY THE StATE SUPERIN- 
TENDENT. Libraries may be enlarged by the addition of $15 worth of books, 

$5 OF WHICH must be RAISED BY PRIVATE DONATIONS, $5 BE APPROPRIATED OUT OF 
THE GENERAL COUNTY SCHOOL FUND, AND $5 BE GIVEN OUT OF THE StATE APPRO- 
PRIATION; AND THE ADDITIONAL BOOKS MUST BE SELECTED FROM A LIST APPROVED 

BY THE State Superintendent. After ten years a district is entitled to 

RECEIVE AID FOR A SECOND LIBRARY. 

Note. — Sections 4168-4171 relate to Indians of Robeson County and are 
printed after riaral library sections. 

4172. How established; duties of school offi-cials; manager appointed. 
Whenever the patrons and friends of any free public school in which a library 
has not already been established by aid of the State shall raise by private 
subscribtion and tender to the treasurer of the county school fund for the 



61 

establishment of a library to be connected with such school the sum of ten 
dollars, the county board of education shall appropriate from the general 
county school fund the sum of ten dollars for this purpose, and shall appoint 
one intelligent person in the school district the manager of such library. The 
county board shall also appoint one competent person, well versed in books, to 
select books for such libraries as may be established under these provisions 
from lists of books approved by the State Superintendent of Public Instruc- 
tion: Provided, that after any school district shall have had a library for ten 
years or longer under the provisions of this section, said school district shall 
be entitled to receive a second library in accordance with the foregoing pro- 
visions of this section. 

1901, c. 662, s. 6; 1903, c. 226, s. 1; 1905, c. 381; 1915, c. 236. 

4173. State Boakd of Educatiox to contkibute. As soon as such board 
shall have made an appropriation for a library in the manner prescribed, the 
county superintendent shall inform the secretary of the State Board of Edu- 
cation of the fact, whereupon the State Board shall remit to the treasurer of 
the county school fund the sum of ten dollars additional for the purchase of 
books. 

1901, c. 662, s. 7; 1903, c. 226, s. 2; 1905, c. 381, s. 2. 

4174. Books and bookcases, how purchased. Within thirty days after the 
payment of the money to the treasurer of the county school fund, the per- 
son appointed to select the books shall submit the list of books to be purchased 
and prices of same, to such treasurer, who shall order the books at once. The 
treasurer shall receive no compensaticn except his regular commission. The 
county board shall furnish, at the expense of the general county school fund, 
a neat bookcase, with lock and key, to each library, upon application of the 
county superintendent. 

1901, c. 662, s. 8; 1903, c. 226, s. 3; 1905, c. 381, s. 3. 

4175. Rules to be made by State Superintendent. The local manager of 
every library shall carry out such rules and regulations for the proper use 
and preservation of the books as may be established by the State Superin- 
tendent of Public Instruction, and shall, on or before June thirtieth of each 
year, make to the State Superintendent of Public Instruction such reports as 
he shall require. 

1901, c. 662, s. 9; 1903, c. 226, s. 4; 1905, c. 381, s. 4. 

[The State Superintendent loill furnish a copy of the rules on application.] 

4176. Exchange of libraries. The local managers of two or more libraries 
may, by agreement, exchange libraries; but no exchange shall be made oftener 
than once in six months, and no part of the expense of exchanging libraries 
shall be paid out of the public funds. 

1901, c. 662, s. 10; 1903, c. 226; s. 5; 1905, c. 381, s. 5. 

4177. Enlargement of libraries, appropriations for. Whenever the pa- 
trons and friends of any free public school in which a library has been 
established under the provisions of this sub-chapter shall raise by private 
subscription and tender to the treasurer of the county school fund the sum 
of five dollars for the enlargement of the library, the county board of educa- 
tion shall appropriate from the general school fund the sum of five dollars, 
and the State Board of Education shall remit to the treasurer of the county 
school fund the sum of five dollars. The money thus collected and appropri- 
ated shall be used for the enlargement of libraries already established under 
the same rules and restrictions as govern the establishment of new libraries. 



62 

1903, c. 226, s. 6; 1905, c. 381, s. 6. 

4178. Number of libraries limited; cities and towns excluded, when. 
Not more than six new libraries, in addition to those already established, shall 
be established biennially in any county under the provisions of the preceding 
sections, and not more than six libraries already established in any county 
shall be entitled biennially to the benefits of section six of this act: Provided, 
that after November thirtieth, one thousand nine hundred and six, and after 
November thirtieth of every second year thereafter, if any of the aforesaid 
biennial appropriation for the years ending on such date shall still be in the 
hands of the State Treasurer, any free public school which shall fulfill the 
conditions set forth in the preceding sections shall be entitled to receive the 
benefits of this act, regardless of the number of libraries already established 
in the county in which said school is located, until the aforesaid balance of 
each biennial appropriation available for the purpose is exhausted. No school 
district in any incorporated town with a population exceeding one thousand 
persons shall receive any moneys under the provisions of this act. 

1901, c. 662, s. 12; 1903, c. 226, s. 8; 1905, c. 381, ss. 8, 9. 
[After the Mennial period has passed, the libraries not taken during that 
period may he taken hy any county desiring them.] 

4179. Additional appropriation of State funds. The sum of seven thous- 
and five hundred dollars of the appropriation for the public schools of the 
State is hereby biennially appropriated and set apart to be expended by the 
State Board of Education under the provisions of this subchapter: Provided, 
that of each biennial appropriation a sum not exceeding five thousand dollars 
may be expended by the State Board of Education in the establishment of 
new libraries, and a sum not exceeding two thousand five hundred dollars 
may be expended by the State Board of Education in the enlargement of 
libraries according to the provisions of section four thousand one hundred and 
seventy-seven of this subchapter: Provided further, that any balance of the 
biennial appropriation of two thousand five hundred dollars for the enlarge- 
ment of libraries remaining in the hands of the State Treasurer at the end 
of each biennial period shall be used for the establishment of new libraries 
in accordance with the provisions of section four thousand one hundred and 
seventy-two of The Revisal of one thousand nine hundred and five of North 
Carolina. 

1901, c. 662, s. 11; 1903, c. 226, s. 7; 1905, c. 381, s. 7; 1909, c. 525. 

XIV. SEPARATE SCHOOLS FOK INDIANS OF ROBESON COUNTY 

The provisions of the school law relating to the Croatan Indians of Rich- 
mond, Sampson, and Robeson counties are as follows: 

4168. Separate schools for. The persons residing in Robeson, Sampson, 
and Richmond counties, supposed to be descendants of a friendly tribe once 
residing in the eastern portion of the State, known as Croatan Indians, and 
their descendants, shall be known and designated as the Indians of Robeson 
County, and they and their descendants shall have separate schools for their 
children, school committees of their own race and color, and shall be allowed 
to select teachers of their own choice, subject to the same rules and regula- 
tions as are applicable to all teachers in the general school law, and there 
shall be excluded from such separate schools for the Indians of Robeson 
County all children of the negro race to the fourth generation. 
1885, c. 51, s. 2; 1889, c. 60, s. 1; 1911, c. 215. 



63 

4169. County board to carry provisions into effect. It shall be the duty 
of the county board of education to see that the next preceding section is 
carried into effect, and shall for that purpose have the census taken of all the 
children of such Indians and their descendants between the ages of six and 
twenty-one, and proceed to establish such suitable school districts as shall be 
necessary for their convenience, and take all such other and further steps as 
may be necessary for the purpose of carrying such section into effect; and 
where any children, descendants of such Indians, shall reside in any district 
in such counties of Robeson and Richmond in which there are no separate 
schools provided for their race they shall have the right to attend any of 
the public schools in the county provided for their race, and their share of 
the public school fund shall be appropriated to their education upon the cer- 
tificate of the school committee in the district in which they reside stating 
that they are entitled to attend such public schools. 

1885, c. 51, ss. 3, 4. 

4170. Pro rata share of school funds kept separate. The treasurer of 
the county school fund and other proper authorities whose duties are to 
collect, keep and apportion the school fund shall procure from the county 
l)oard of education the number of children in the county between the ages of 
six and twenty-one, belonging to such Indian race, and shall set apart and 
keep separate their pro rata share of the school funds, which shall be paid 
out under the same rules in every respect as are provided in the general 
school law and in the next preceding section. 

1885, c. 51, s. 4. 

4171. General school law applicable to. The general public school law 
shall be applicable in all respects to such separate schools for the Indians of 
Robeson County, except where such general law is repugnant to these special 
provisions relating to such schools and these special provisions for separate 
schools for Croatan Indians shall apply only to the counties of Robeson, Samp- 
son, and Richmond. 

1885, c. 51, s. 5; 1911, c. 215. 



LAWS RELATING TO THE ADOPTION OF TEXT-BOOKS 



4057. Text-book Commission created. The State Board of Education is 
hereby constituted a State Text-book Commission, whose duty if is, acting 
conjointly with the subcommission, to select and adopt a uniform series or 
system of text-books for use in the public schools in the State of North Caro- 
lina, and who shall serve without compensation. The Governor shall be 
ex officio president of such commission and the Superintendent of Public 
Instruction its secretary. 

1901, c. 1, ss. 1, 2, 7, 20; 1911, c. 118. 

4058. Powers; term of contracts made by. The commission may from 
time to time make any necessary regulations, not contrary to the provisions 
of this chapter, to secure the prompt distribution of the books herein pro- 
vided for, and the prompt and faithful performance of all contracts. At 
any time within six months before the expiration of the contracts now in 
force for furnishing books to the public schools, the commission may adver- 
tise for new bids or proposals, as required by this chapter, and enter into 
such other contracts as they may deem best for the interest of the patrons 
of the public schools of the State. Any contract entered into or renewed 
shall be for the term of five years. 

4059. Term of office and powers. The commission shall maintain its 
organization during the five years of the continuance of the contract now in 
force, and at any time within six months before the expiration of the same 
shall advertise for new bids, or proposals, as required by this chapter in 
the first instance, and enter into such other contracts as it may deem best 
for the interest of the patrons of the public schools of the State; and the 
commission may from time to time make any necessary regulations not 
contrary to the provisions of this chapter to secure the prompt distribution 
of books herein provided for, and the prompt and faithful performance of 
all contracts. 

1901, c. 1, s. 14; 1911, c. 118. 

4060. Character and requisites of books to be adopted.. The uniform 
series of text-books to be selected by the commission and the subcommission 
shall include the following branches, to wit: Orthography, defining, reading, 
writing, drawing, arithmetic, geography, grammar, language lessons, history 
of North Carolina containing the Constitution of the State, history of the 
United States containing the Constitution of the United States, physiology, 
hygiene, nature and effect of alcoholic drinks and narcotics, elements of 
civil government, elements of agriculture. None of such text-books shall 
contain anything of a partisan or sectarian character, and all shall be written 
or printed in English. 

1901, c. 1, ss. 2, 8; 1911, c. 118. 

4061. Exclusive use of books adopted by. The books adopted by the 
commission and subcommission as a uniform sj^stem of text-books shall be 
introduced and used as text-books, to the exclusion of all others, in all the 
public free schools in the State for a period of five years from the date of 
adoption; and it shall not be lawful for any school officer, director or teacher 
to use any books upon the same branches other than those adopted by the 
commission. Nothing herein shall prevent the use of supplementary books. 



65 

but such supplementary books shall not be used to the exclusion of the books 
prescribed or adopted under the provisions of this chapter; nor shall any- 
thing herein prevent the teaching in any school any branch higher or one 
more advanced than is embraced in the next preceding section, nor the use 
of any book upon such higher branch of study, but such higher branch shall 
not be taught to the exclusion of the branches mentioned and set out in the 
next preceding section. 

4062. Can purchase elsewhere when contractor fails to supply; 
TEACHER allowing OTHER BOOKS DISMISSED. Nothing herein shall prevent or 
prohibit the patrons of the public schools throughout the State from procuriirg 
books in the usual way, in case no contract shall be made or the contractor 
fails or refuses to furnish the books provided for in this chapter at the 
time required for their use the respective Schools. If any teacher shall 
willfully use or permit to be used in his school any text-book upon the 
branches embraced in this chapter, where the commission has adopted a 
book upon that branch, other than the one so adopted, the county board of 
education shall discharge and cancel the certificate of such teacher or school 
superintendent; but they may use or permit to be used such book or books 
as may be owned by the pupils of the school at the time of the adoption 
until such books are worn out, not exceeding one year from the date of 
adoption. 

1901, c. 1, ss. 2, 16, 17, 18; 1911, c. 118. 

4063. SuBCOMMissioN TO BE APPOINTED. It shall be the duty of the Gov- 
ernor and the State Superintendent of Public Instruction to appoint a sub- 
commission of six members, to be selected from among the teachers or 
county superintendents actually engaged in school work in this State; and 
members of the subcommission actually serving shall be paid a per diem of 
four dollars per day during the time that they are actually engaged in such 
service, and in addition shall be repaid all money actually expended by them 
in payment of necessary expenses, to be paid out of the public funds of the 
State treasury, and they shall make out and swear to an itemized statement 
of such expenses. 

1907, c. 835, s. 1, par. (b) ; 1911, c. 118, s. 1, par. (f). 

4064. Oath of subcommissioners. Each member of the subcommission, 
before entering upon the discharge of his duties, shall take and subscribe 
an oath to act honestly, conscientiously, and faithfully, and that he is not 
now, has not within two years prior to his appointment, been agent or attor- 
ney for or in the employment of or interested in any book or publishing house, 
concern or corporation making or proposing to make bids for the sale of 
books, pursuant to the provisions of this chapter, and that he will carefully 
and faithfully examine all books submitted, and make true report thereon, as 
herein directed and prescribed. Such oath shall be filed in the office of the 
Secretary of State. 

1901, c. 1, s. 5. 

4065. Examination of books by subcommission, and report thereon. To 
the subcommission shall be referred all books sent to the State Text-book 
Commission as specimen copies or samples upon which bids are to be based; 
and it shall be the duty of the subcommission, in executive session, to exam- 
ine and report upon the merits of the books, irrespective of the price, taking 
into consideration the subject matter of the books, their printing, their 
material and their mechanical qualities and their general suitability and 

5 — Public School Law 



66 

desirability for the purposes for which they are desired and intended. The 
subcommission shall report to the commission at such time as the commis- 
sion shall direct, arranging each book in its class or division and reporting 
books in the order of their merit, pointing out the merits and demerits of 
each, and indicating what book it recommends for adoption first, what book 
is its second choice, and its third choice, and so on, pursuing this- plan with 
the books submitted upon each branch of study; and if the Subcommission 
shall consider different books upon the same subject or of the same class or 
division of approximately even merit, all things being considered, it shall 
so report, and, if it considers that any book offered is of such a class as to 
make it inferior and not worthy of adoption, shall in its report so designate 
such book. In its report it shall make such recommendations and sugges- 
tions to the commission as it shall deem advisable and proper to make. 
1901, c. 1, ss. 3, 4. 

4066. Report, when opened and where filed. The report of the subcom- 
mission shall be kept secret and sealed up and delivered to the secretary of 
the commission, and shall not be opened by any member of the commission 
until the commission and the subcommission shall meet in joint executive 
session to open and consider the bids or proposals of publishers or others 
desiring to have books adopted by the commission; and when such commis- 
sion shall have finished with such report it shall be filed and preserved in 
the office of the Superintendent of Public Instruction and shall be open at 
all times for public inspection. 

1901, c. 1, ss. 4, 6; 1911, c. 118. 

4067. Selection and adoption of books by the commission and the sub- 
commission. The commission and subcommission in their selection and 
adoption of a uniform series of text-books shall consider the merits of the 
books, taking into consideration their subject matter, the printing, binding, 
material, and mechanical quality, their general suitability and desirability 
for the purposes intended, and the price. The Text-book Commission and the 
subcommission in joint session shall select and adopt such books as will, in 
their judgment best accomplish the ends desired; and in case any books are 
deemed by them suitable for adoption and more desirable than other books 
of the same class or division submitted, and in case they consider the price at 
which such books are offered to be unreasonably high, and that the same 
should be offered at a smaller price, they are hereby authorized and directed 
to notify immediately the publishers of such books of their decision, and re- 
quest such reduction in price as they deem reasonable or just; and if they 
shall agree on a price with such publishers they may adopt such books; but 
upon failure to agree upon price, they shall use their sound judgment and 
discretion as to the adoption of those or of other books deemed by them to be 
the next best in the list submitted. 

1911, c. 118, s. 1, par. (h). 

4068. Advertisement for bids. At any time within six months before the 
expiration of the now existing contracts, the commission shall advertise, in 
such manner and for such a length of time and at such places as may be 
deenaed advisable, that at a time and place fixed definitely in the advertise- 
ment sealed bids or proposals will be received from- the publishers of school 
text-books for furnishing books to the public schools in the State of North 
Carolina, through agencies established by the publishers in the several 
counties, and in the several places in the counties of the State as may be 



provided for in such regulations as the commission may adopt and prescribe. 
The advertisement shall also state in substance the requirements of the 
next succeeding section and shall reserve the right to the commission to 
reject all bids. 

1901, c. 1, ss. 1, 7, 11, 14; 1911, c. 118. 

4069. Bids, how made; contents of. The bids or proposals shall be for 
furnishing books for a period of five years, and no longer, and no bid for a 
longer period shall be considered. The bids shall state specifically and 
definitely the price at which books are to be furnished, and shall be accom- 
panied by ten or more specimen copies of each and every book proposed to be 
furnished; and it shall be required of each bidder to deposit with the Treas- 
urer of the State a sum of money, such as the commission may require, not 
less than five hundred nor more than twenty-five hundred dollars, according 
to the number of books each bidder may propose to supply, and such deposits 
shall be forfeited absolutely to the State if the bidder making the deposit 
of any sum shall fail or refuse to make and execute such contract and bond, 
as is hereinafter required, within such time as the commission shall require. 
All bids shall be sealed and deposited with the Secretary of State, to be by 
him delivered to the commission when in executive session, for the purpose 
of considering the same, when they shall be opened in the presence of the 
commission; and each person or publisher making a bid for the supplying of 
any books shall state in such bid or proposal the exchange price at which 
such books shall be furnished. It shall be the duty of the Secretary of State 
to carefully preserve in his office, as the standard of quality and excellence to 
be maintained in such book during the continuance of the contracts for fur- 
nishing the same, the specimen or sample copies of all books which have 
been the basis of any contract, together with the original bid or proposal. 
1901, c. 1, ss. 7, 9, 10. 

4070. Bids and proposals may be rejected. The commission shall have 
and reserve the right to reject any and all bids or proposals if of the opinion 
that any or all should for any reason be rejected; and, in case it fail from 
among the bids or proposals submitted to select or adopt any books upon any 
of the branches prescribed by this chapter, may readvertise for sealed bids or 
proposals, under the same terms and conditions as before, and proceed with 
its investigations in all respects as in the first instance and as required by the 
terms and provisions of this chapter; and the commission shall have and 
reserve the same rights in cases of advertisement for and presentation of 
bids and proposals for manuscripts and unpublished books hereinafter pro- 
vided for in this chapter. 

1901, c. 1, s. 11. 

4071. Manuscripts and unprinted books may be adopted. In the event 
that the commission rejects the bid for furnishing any book, or in case it 
fail to adopt any book of the classes required, it may advertise for sealed 
bids or proposals from authors or publishers of text-books who have manu- 
scripts or books not yet published, for prices at which they will publish 
and furnish in book form such manuscripts for use in the public schools of 
North Carolina, proceeding in like manner as in bids for furnishing books; 
but the State itself shall not under any circumstances enter into any con- 
tract binding it to pay for the publication of any book, but in the contract 
with the owner of the manuscript it shall be provided that he shall pay the 
compensation to the publisher'for the publication and putting in book form 



68 

the manuscript, together with the cost and expense of copyrighting the same. 
All such bids or proposals shall be accompanied with a cash deposit of from 
five hundred to twenty-five hundred dollars, as the commission may direct 
and as heretofore provided in this chapter; and it is expressly provided that 
any person now doing business or proposing to do business in this Stace 
shall have the right to bid for the contract to be awarded hereunder in 
manner as follows: In response to the advertisement such person may 
submit his written bid to edit or have edited, published and supplied for use 
in the public schools in this State any book provided for hereunder. Instead 
of filing with the bid or proposal a sample or specimen or copy of each book 
proposed to be furnished, he may exhibit to the commission, in manuscript 
or printed form, the matter proposed to be incorporated in any book, together 
with such a description and illustration of the form and style thereof as 
will be fully intelligible and satisfactory to the commission, or hie may sub- 
mit a book the equal of which in every way he proposes to furnish, and he 
shall accompany his bid or proposal with the cash deposit hereinbefore 
required. All such books and manuscripts shall be examined and reported 
upon by the subcommission before being adopted. 
1901, c. 1, s. 11. 

4072. Commission to deliver sample books to subcommissiox. It shall 
be the duty of the commission to meet at the time and place designated in 
the advertisement and take out the sample or specimen copies submitted, 
upon which the bids are based, and refer and submit them to the subcom- 
mission, as provided for and directed in this chapter, with instructions to 
the subcommission to report at a time specified, with the classification and 
recommendation, as provided in this chapter. 

1901, c. 1, s. 8. 

4073. Adoptiox of books. When the report of the subcommission is sub- 
mitted it shall be the duty of the commission and the subcommission to meet 
in joint executive session to open and examine all sealed proposals submitted 
and received in pursuance of the notice or advertisement provided for in 
this chapter. It shall be the duty of the commission and the subcommission 
to examine and consider all such bids or proposals, together with the report 
and recommendation of the subcommission, and determine, in the manner 
provided in this chapter, what books, upon the branches hereinabove men- 
tioned, shall be selected for adoption, taking into consideration the size, 
quality as to the subject matter, material, printing, binding and the mechani- 
cal execution, and price, and the general suitability for the purpose desired 
and intended. After the selection or adoption shall have been made, the 
commission shall award the contracts, and shall by registered letter notify 
the publishers or proposers to whom the contracts have been awarded. But 
the commission shall not in any case contract with any person for the use of 
any book which shall be sold to patrons for use in any public school in the 
State in excess of the price at which such book is to be furnished by such 
person, under contract, to any state, county or school district in the United 
States under like conditions as those prevailing in this State and under 
this chapter. 

1901, c. 1, ss. 8, 9; 1911, c. 118. 

4074. Contract, how executed. Upon the awarding of the contracts it 
shall be the duty of the Attorney-General to prepare the same in accordance 
with the terms and provisions of this chapter. On behalf of the State the 



69 

contracts shall be executed by the Governor and Secretary of State, and the 
seal of the State shall be set thereto. All such contracts shall be executed 
in triplicate, of which one shall be kept by the secretary of the commission, 
one shall be filed in the office of the Secretary of State, and one shall be 
retained by the contracting party. All contracts entered into or renewed 
under the provisions of this chapter shall be for the term of five years. 
1901, c. 1, ss. 8, 14. 

4075. Contract; stipulations as to prices and exchange of books. It 
shall be stipulated in each contract that the contractor has never furnished 
and is not now furnishing under contract any State, county or school district 
in the United States, where like conditions prevail as are then prevailing in 
this State and under this chapter, the same books as are embraced in the 
contract at a price below that stipulated in the contract; and the commis- 
sion is hereby authorized and directed, at any time that it may find that 
any books have been sold at a lower price under contract to any state, county 
or school district, to sue upon the bond of the contractor and recover the 
difference between the contract and the lower price for which books have 
been sold; and it shall also be stipulated in the contract that the contractor 
shall take up school books in use in this State at the date of such contract, 
and receive the same in exchange for new books, allowing a price for such 
old books not less than fifty per cent of the contract price of the new books. 

1901, c. 1, ss. 9, 10. 

4076. Contract, as to liability of State. It shall always be a part of 
the terms and conditions of every contract made in pursuance of this chapter 
that the State of North Carolina shall not be liable to any contractor in any 
manner for any sum whatever, but all such contractors shall receive their pay 
and compensation solely and exclusively from the proceeds of the sale of 
books, as provided for in this chapter. 

1901, c. 1, s. 10. 

4077. Contracts may be changed or altered. Nothing in this chapter 
shall prevent the commission and any contractor agreeing thereto from 
in any manner changing or altering any contract, if four members of the 
commission shall agree to the change and think it advisable and for the 
best interest of the public schools of the State. 

1901, c. 1, s. 9. 

4078. Books must come up to sample. The books furnished under any 
contract shall at all times during the existence of the contract in all respects 
be equal to the specimen or sample copies furnished with the bid. 

1901, c. 1, s. 9. 

4079. Bond of contractor. At the time of the execution of the contract 
the contractor shall enter into a bond in the sum of not less than ten thou- 
sand dollars, payable to the State of North Carolina, the amount of the bond 
within such limits to be fixed by the commission, conditioned for the faithful, 
honest and exact performance of his contract, and shall further provide for 
the payment of reasonable attorneys' fees in case of recovery in any suit 
upon the same, with three or more good and solvent sureties, actual citizens 
and residents of this State, or any guaranty company authorized to do bus- 
iness in this State may become the surety on such bond; and it shall be 
the duty of the Attoreny-General to prepare and approve such bonds. The 
commission may at any time, by giving thirty days notice, require additional 
security or additional bond. 

1901, c. 1, ss. 8, 9. 



70 

4080. Actions ox the bond. In case any contractor shall fail to execute 
specifically the terms and provisions of his contract, the commission is 
hereby empowered and directed to bring an action upon the bond of such 
contractor for the recovery of any and all damages. Such action shall be 
in the name of the State of North Carolina, and the recovery shall be for the 
benefit of the public school fund of the State and counties, and. when col- 
lected shall be placed in the treasury of the school fund. The bond shall 
not be exhausted by a single recovery, but may be sued on from time to 
time until the full amount thereof shall be recovered. And it is expressly 
provided that should any party contracting to furnish books, as provided 
for in this chapter, fail to furnish them or otherwise break his contract, in 
addition to the right of the State to sue on the bond hereinabove required, 
the chairman of the county board of education or any member thereof may 
sue in the name of the State in the courts of the State having jurisdiction, 
and recover on such bond the full value of the books so failed to be furnished, 
for the use and benefit of the school fund of the county. In all such cases 
service of process may be made on any agent or contractor in the county, or 
if no agent is in the county, then service may be made on any agent in 
charge of any depository, and such service shall be and stand in the place 
of service on the defendant contractor. 

1901, c. 1, ss. 8, 9, 13. 

4081. Deposits by bidders, when returned and when forfeited. When 
any person shall have been awarded a contract and shall have given the 
bond required, the commission, through its secretary, shall so inform the 
Treasurer of the State, and it shall then be the duty of the Treasurer to 
return to such contractor the cash deposit made by him; and the commission, 
through its secretary, shall inform the Treasurer of the names of the unsuc- 
cessful bidders or proposers, and the Treasurer shall, upon the receipt of 
this notice, return to them the amounts deposited by them in cash at the 
time of the submission of their bids. But should any person fail or refuse 
to execute a contract and give the bond, as required by this chapter, within 
thirty days after the awarding of the contract to him and the mailing of 
the registered letter containing notice thereof, which shall be sufficient 
evidence that the notice was given and received, the cash deposit shall be 
deemed and is hereby declared forfeited to the State of North Carolina and 
it shall be the duty of the Treasurer to place such cash deposit in the treas- 
ury of the State, to the credit of the school fund. 

1901, c. 1, s. 8. 

4082. Prices to be printed on books. It shall be the duty of all con- 
tractors to print plainly on the back of each book the contract price, as well 
as the exchange price at which it is agreed to be furnished, but the books 
submitted as sample or specimen copies with the original bid shall not have 
the price printed on them before they are submitted to the subcommission; 
and all books shall be sold to the consumer at the retail contract price, and 
on each book shall be printed the following: "The price fixed hereon is fixed 
by State contract, and any deviation therefrom should be reported to your 
county superintendent of public instruction or to the State Superintendent 
at Raleigh." 

1901, c. 1, ss. 9, 13, 19. 

4083. Agencies for the distribution of books to patrons of public 
school; penalty. There shall be maintained in each county in the State 



71 

not less than one and as many more agencies as the commission, upon recom- 
mendation of the county board of education, shall order, to be located at 
such points as the county board may recommend, for the distribution of books 
to the patrons, or the contractor shall be permitted to make arrangements 
with merchants or others for the handling and distribution of the books; 
and parties living in the county where no agency has been established or 
no arrangement made for distribution may order the same from one of the 
contractors, and it shall be the duty of the contractor or contractors to 
deliver any book so ordered to the person ordering, to his post-office address, 
freight, express, postage or other charges prepaid, at the retail contract 
price, if the price of the books so ordered shall be paid in advance. The 
contractors shall maintain one or more joint State depositories at some 
convenient distributing point or points in the State, at which shall be kept 
at all times an ample supply of all adopted books for the convenient and 
expeditious supply of books to the local depositories in the various counties 
of the State. Whenever demanded and certified by the county superintend- 
ent of public instruction of any county to be necessary, to secure and keep on 
hand an ample supply of books at any local depository, the contractors shall 
furnish books to such local depository upon consignment. And every con- 
tractor shall be required to keep on hand at all times at every established 
agency in every county an ample supply of books to meet all demands of 
patrons and purchasers, and upon failure to do so, or upon failure to establish 
agencies when ordered to do so by the commission, as directed herein, the 
contractor shall be liable to a penalty of five hundred dollars for each and 
every failure to comply with the provisions of this section, to be sued for 
by the Attorney-General in the name of the State in the Superior Court of 
the county of Wake, for the benefit of the school fund of the county injured 
by such failure; and if any contractor against whom judgment shall be 
obtained for such penalty shall fail to pay the same within thirty days after 
the docketing thereof, he shall forfeit his contract, and the commission 
shall so declare, and shall thereupon proceed to make a new contract for 
books with some other contractor. The county superintendent shall notify 
the contractors annually of the date of opening the public schools, at least 
thirty days before they open. 

1901, c. 1, s. 13; 1903, c. 691, ss. 1, 2; 1911, c. 118, s. 1, par. (1). 

4084. Contract proclaimed by Governor; notices issued by State Super- 
intendent. As soon as the commission shall have entered into a contract for 
the furnishing or supplying of books for use in public schools it shall be 
the duty of the Governor to issue his proclamation announcing such fact to 
the people of the State; and as soon thereafter as practicable the State Super- 
intendent shall issue a circular letter to each county superintendent in the 
State and to such others as he may desire, which letter shall contain the 
list of books adopted, the prices, location of agencies, and method of dis- 
tribution, and such other information as he may deem necessary. , 

1901, e. 1, ss. 12, 15. 



PUBLIC HIGH SCHOOL LAW 



AN ACT TO STIMULATE HIGH SCHOOL INSTRUCTION IN THE PUBLIC 
SCHOOLS OP THE STATE, AND TEACHER TRAINING. 

The General Assembly of North Carolina do enact: 

HIGH SCHOOLS ESTABLISHED BY COUNTY BOARD WITH CONSENT OF STATE BOARD 

NOT MORE THAN FOUR SCHOOLS TO A COUNTY. 

Section 1. With the consent of the State Board of Education, the county 
board of education in any county may in its discretion establish and maintain, 
for a term of not less than seven school months in each school year, one or 
more public high schools for the county, at such place or places as shall be 
most convenient for the pupils entitled to attend and most conducive to the 
purposes of said school or schools: Provided, that not more than four public 
high schools in any one county shall be entitled under the provisions of this 
act to receive State aid. 

HIGH SCHOOL COMMITTEE TO CONSIST OF THREE PERSONS. 

Sec 2. For each public high school established under this act a committee 
of three persons shall be appointed by the county board of education, who 

shall be known as the School Committee of Public High School 

of County. The powers, duties and qualifications of said 

committeemen shall be similar to those of other public school committeemen. 
They shall be appointed as follows: one for a terin of two years, one for a 
term of four years, and one for a term of six years; and at the expiration 
of the term of any committeeman his successor shall be appointed for a 
term of six years: Provided, that in case of death or resignation of any 
•committeeman his successor shall be appointed for the unexpired term only. 
Within two weeks after appointment the committee shall meet and elect a 
chairman and a secretary and enter upon the performance of their duties: 
Provided further, that the board of trustees or school committee of any char- 
tered school receiving aid under this act shall serve as the high school 
committee for said school. 

RULES, REGULATIONS, AND COURSE OF STUDY. 

Sec 3. All public high schools established and maintained under the 
provisions of this act shall be operated by the county board of education, 
under such general rules and regulations as may be prescribed by the State 
Board of Education. The courses of study for such high schools and the 
requirements for admission to them shall be prescribed by the State Super- 
intendent of Public Instruction. 

SCHOOLS UNDER STATE SUPERVISION TEACHERS MUST HOLD CERTIFICATES FROM 

STATE BOARD OF EXAMINERS. 

Sec 4. It shall be the duty of the county board of education to locate 
all high schools established under this act, to furnish the State Superintend- 
ent of Public Instruction with such information relative to said schools as 
he may require, and to make such local rules and regulations for the conduct 



73 

cf said schools as may be necessary: Provided, all public high schools estab- 
lished and aided under this act shall be subject to such inspection as may be 
directed by the State Superintendent of Public Instruction and shall make 
such reports as shall be required by him: Provided further, that no one 
shall teach in any public high school that receives State funds under this 
act who does not hold a high school teacher's certificate from the State 
Board of Examiners, who shall have power to prescribe a standard of schol- 
arship and examination for same; and Provided further, that no one shall 
be employed as teacher in such high school without the approval of the 
county superintendent. 

HIGH SCHOOLS AIDED MUST HAVE THREE FULL-TIME TEACHERS; TWO IN LOWER 
GRADES AXD AT LEAST ONE IN HIGH SCHOOL. 

Sec. 5. No public high school shall be established or maintained under 
this act in connection with any public elementary school having an annual 
school term of less than seven months; and every public elementary school 
operated in connection with a public high school established under this act 
shall have at least two teachers giving their full time to instruction in the 
branches of study required to be taught in the public elementary schools of 
the State; and no public high school shall be entitled to the benefits of this 
act that does not have at least one duly licensed high school teacher giving 
his full time to instruction in the high school branches as outlined by the 
State Superintendent of Public Instruction: Provided, that this section 
shall not be construed to prevent the principal of a public high school from 
serving as principal of the public elementary school operated in connection 
therewith to the extent of exercising supervisory and disciplinary functions 
over said public elementary school. 

HIGH SCHOOLS NOT TO BE AIDED IN TOWNS OF MORE THAN TW^ELVE HUNDRED INHABI- 
TANTS; BUT COUNTY BOARD MAY APPROVE ONE CITY HIGH SCHOOL OF 
STANDARD GRADE FOR PURPOSES OF THIS ACT. 

Sec. 6. (Substitute for.) Public high schools shall not be established 
and aided under this act in towns or cities of more than twelve hundred 
inhabitants, except as is hereinafter provided in this section: Provided, 
that the county board of education may approve for the purposes of this act 
one regularly organized town or city high school of standard grade and may 
enter into agreement or contract with the board of trustees or committee 
of said high school whereby students of high school age and grade residing 
outside the limits of said high school district and public school teachers of 
the county, may be permitted to attend for the full term each year said high 
school free of tuition. But no such contract or agreement shall entitle such 
high school to the benefits of this act until said contract or agreement shall 
have been approved by the State Board of Education. And when such con- 
tract or agreement shall have been approved by the State Board of Education 
said town or city high school shall be subject to the provisions and entitled 
to the benefits of this act: Provided further, that said town or city high 
school shall maintain an average daily attendance for the full term of at 
least ten high school students from outside the local district. 



74 

HIGH SCHOOL FUNDS: HOW RAISED COUNTY AND DISTRICT EACH REQUIRED TO PUT 

UP AS MUCH AS THE STATE GIVES — STATE AID: MINIMUM, $200; 
MAXIMUM, $600. 

Sec. 7. (Substitute for.) Before any puhlic high school shall be entitled 
to receive State aid un'der the provisions of this act, its application therefor 
shall have been approved by both the county board of education and the 
State Board of Education; and the amount of State aid to be given shall be 
determined by the State Board of Education, and the county board of educa- 
tion shall apportion to each public high school out of the general county 
fund at least as much as the State apportions to said high school; and the 
local committee of each public high school receiving State aid under the 
provisions of this act shall apportion out of the local school fund raised by 
special tax, or shall raise by private donation or otherivise, at least as much 
as the State Board of Education apportions to said high school under the 
provisions of the act; and ivhen the high school committee shall deposit 
its apportionment ivith the treasurer to be placed to the credit of said public 
high school, the county board of education shall make an apportionment 
out of the general school fund of the county as provided herein, and deposit 
same with the treasurer to the credit of said public high school. When 
the treasurer and the county superintendent shall certify to the State Super- 
intendent of Public Instruction that the apportionments' by the local com- 
mittee and the county board of education, herein required, have been duly 
authorized for any high school, a State warrant shall be issued upon the 
requisition of the State Superintendent of Public Instruction for such an 
amount as the State Board of Education shall have approved under the 
provisions of this act and sent to the treasurer to be placed to the credit of 
said public high school. All high school funds herein provided and placed 
to the credit of any high school shall be used exclusively for the payment of 
teachers' salaries in said high school and for such necessary incidental 
expenses as may be approved by the State Superintendent of Public Instruc- 
tion; and said high school funds shall be paid out by the treasurer for the 
purposes herein specified only upon the order of the public high school com- 
mittee, approved by the county superintendent of schools: Provided, that 
the amount apportioned by the State Board of Education to any public high 
school, maintained under the provisions of this act, shall not be less than 
two hundred dollars nor more than six hundred dollars for any year: Pro- 
vided further, that after a public high school has been approved and estab- 
lished under the provisions of this act, it shall not be discontinued by the 
county board of education without the consent and approval of the State 
Board of Education. 

treasurer required to keep separate account of funds for EACH HIGH SCHOOL 
must report first MONDAY IN JULY. 

Sec. 8. (Substitute for.) The treasurer of the county school fund, or 
in counties i7i which the office of treasurer has been abolished, any bank 
or other corporation handling the public school fimds shall be treasurer of 
the public high school fund, except as is hereinafter provided. He shall 
keep a separate account of the funds of each public high school, and shall on 
the first Monday in July of each year, make to the county board of education 
and to the State Superintendent of Public Instruction a report of all receipts 
and expenditures of said fund for each separate high school for the preceding 



75 

year: Provided, that the treasurer of any chartered school receiving State 
aid under the provisions of this act, may in the discretion of the State Board 
of Education, serve as treasurer of the puT)lic high school fund, hut shall 
receive no commission for disbursing the funds apportioned hy the county 
and the State under the provisions of this act. 

HIGH SCHOOLS MUST MAKE AVERAGE ATTENDANCE OF AT LEAST TWENTY AMOUNT 

OF APPORTIONMENT CONDITIONED ON ATTENDANCE, NUMBER OF TEACHERS, 
GRADE AND CHARACTER OF WORK. 

Sec 9. Every public high school receiving State aid under this act shall 
maintain an average daily attendance of at least twenty high school students 
for the required term, and any public high school making any average daily 
attendance of less than twenty students for the required term shall not he 
entitled to receive State aid under this act; and any additional amount 
beyond the minimum apportioned to any public high school under the pro- 
visions of this act shall be conditioned, first, upon the average daily attend- 
ance above the required minimum for the preceding school year; second, 
upon the number of full-time high school teachers employed; and third, upon 
the grade and character of work done by said public high school. 

SUM OF SEVENTY-FIVE THOUSAND DOLLARS ANNUALLY APPROPRIATED. 

Sec. 10. The sum of seventy-five thousand dollars, or so much thereof 
as may be necessary, is hereby annually appropriated for the purposes of 
high school instruction and teacher training provided for in this act. The 
State Board of Education shall have the power to fix such rules and regula- 
tions, in accordance with the provisions of this act, as may be necessary for 
the proper distribution of this fund. 

[Sections 11 to 18, inclusive, relate only to the East Carolina Teachers' 
Training School.] 

Sec. 19. That this act shall be in force from and after its ratification. 

In the General Assembly read three times and ratified this the 8th day 
of March, A. D. 1907. 

1907, c. 820; 1909, c. 525; 1911, c. 135; 1913, c. 149; 1915, c. 236. 



DEAF CHILDREN MUST ATTEND SCHOOL 



AN ACT TO COMPEL WHITE DEAF CHILDREN TO ATTEND SCHOOL. 

The General Assembly of North Carolina do enact: 

Sectiox 1. That every deaf child of sound mind in Nbrth Carolina shall 
attend a school for the deaf at least five school terms of nine months each, 
between the ages of eight years and fifteen years. 

Sec. 2. That parents, guardians or custodians of a deaf child or deaf 
children between the ages of eight and fifteen years shall send said child 
or children, or cause to be sent, to some school for the instruction of the 
deaf, at least five terms 'or sessions of nine months each, between the ages 
of eight years and fifteen years. 

Sec. 3. That parents, guardians or custodians of any deaf children be- 
tween the ages provided in section two of this act failing to send said deaf 
child or deaf children to some school for instruction, as provided in this 
act, shall be guilty of a misdemeanor, and upon conviction shall be fined or 
imprisoned, at the discretion of the court, for each year said deaf child is 
kept out of school, between the ages herein provided: Provided, that said 
parents, guardians or custodians may elect two years between said ages of 
eight and fifteen years that a deaf child or deaf children may remain out of 
school: Provided, further, that this section shall not apply to or be enforced 
against the parent, guardian or custodian of any deaf child until such time 
as the superintendent of any school for the instruction of the deaf, by and 
with the approval of the executive committee of such institution, shall in his 
and their discretion serve written notice on such parent, guardian or custo- 
dian, directing that such child be sent to the institution whereof they have 
charge. 

Sec. 4. That it shall be the duty of the school census taker to report name, 
age and sex of each deaf child in his district, and name of parents, guardians 
or custodians and their post-office address, to the county superintendent of 
education, who shall send said report of names and addresses to the Super- 
intendent of the North Carolina School for the Deaf located at Morganton, 
N. C; that said census taker or county superintendent failing to make 
reports as provided in this act shall be fined five dollars ($5) for each 
white deaf child not so reported. 

Sec. 5. That said fine as provided in section three (3) of this act and 
said fine of five dollars ($5) provided in section four (4) of this act, when 
collected, shall be paid to the public school fund of the county in which 
such child lives. 

Sec. 6. That this act shall take effect the first day of September, 1907. 

1907, c. 1007; 1915, c. 14. 



SCIENTIFIC TEMPERANCE INSTRUCTION 



AN ACT RELATING TO SCIENTIFIC TEMPERANCE INSTRUCTION IN 
THE PUBLIC SCHOOLS. 

The General Assembly of No7^th Carolina do enact: 

Sectiox 1. In addition to the branches in which instruction is now re- 
quired by law to be given in all schools supported wholly or in part by public 
money, instruction shall also be given as to the nature of alcoholic drinks 
and other narcotics and their effect upon the human system, in connection 
with the various divisions of physiology and hygiene, and such subject shall 
be taught in each school year below the second year in the high schools, 
and shall be taught as thoroughly as arithmetic and geography are taught 
in said schools: Provided, that the minimum amount of such instruction 
shall be two lessons each week for ten weeks, or the equivalent of the same, 
in schools employing one teacher, and three lessons each week for ten weeks, 
or the equivalent of the same, in schools employing two or more teachers. 
Such instruction shall be given by the use of text-books in the hands of all 
pupils in all grades from the fourth grade to the first year in the high school, 
inclusive, or in corresponding classes in graded schools, and orally to all 
pupils in the first three or primary grades, by teachers using text-books 
adapted to such oral instruction as a guide and standard; and all pupils 
must pass such tests as may be required in other studies before promoting 
to the next succeeding year's work, and such instruction shall be given as 
aforesaid to all pupils in all public schools of the State. 

Sec. 2. The text-books used for the instruction required to be given by 
the preceding section shall be graded to the capacities of the pupils, and 
for students below high school grade such text-books shall give at least one- 
fifth their space, and for students of fifth school grade they shall give not 
less than twenty pages to the nature and effects of alcoholic drinks and 
other narcotics; but no book in which the required amount of this subject 
shall appear, in whole or part, as a separate chapter at the end of the book 
shall be considered as complying with the requirements of this statute, and 
no topical outline of study for the guidance of teachers which reduces the 
amount of temperance instruction below that which is required by the text- 
books provided for in this act shall be considered as complying with the 
intent of the law. No text-book on physiology and hygiene not conforming 
to this act shall be used in the public schools except so long as may be 
necessary to fulfill the conditions of any legal adoption existing at the time 
of the passage of this act. 

Sec. 3. In all normal schools, teachers' training classes, teachers' insti- 
tutes, teachers' associations, summer schools and all other organizations for 
the equipment of teachers, adequate time and attention shall be given to in- 
struction in the best methods of teaching physiology and hygiene, with special 
reference to the nature of alcoholic drinks and other narcotics; and no 
teacher shall be licensed who has not passed a satisfactory examination in 
this subject and the best method of teaching it. 



78 

Sec. 4. That it shall be the duty of the proper officer in control of any 
school or schools described in the first and third sections of this act to 
enforce the provisions of this act; and any such officer, school director, 
committee, superintendent or teacher who shall refuse or neglect to comply 
with the requirements of this act or 'shall neglect or fail to make proper 
provision for the instruction required and in the manner specified by this 
act for all pupils in each and every school under his control and supervision 
shall be removed from office and the vacancy filled as in other cases; and if 
it be satisfactorily proved that trustees or board of education or board of 
educational institutions, receiving money from the State have failed to 
enforce this act, as far as they have authority, it shall be deemed sufficient 
cause for withholding the warrant for the State appropriation of school 
money to which such district or educational institution would otherwise 
be entitled. 

Sec. 5. This act shall be in full force from and after its ratification. 

In the General Assembly read three times and ratified this the 11th day of 
MarcE, A. D. 1907. 

1907, c. 957. 



HEALTH LAW 



Sec. 9. County board of health, who constitutes; election county 
PHYSICIANS. The chairman of the board of county commissioners, the mayor 
of the county town, and in county towns where tliere is no mayor the clerk 
of the Superior Court, and the county superintendent of schools shall meet 
together on the first Monday in April, one thousand nine hundred and eleven, 
and thereafter on the first Monday of January in the odd years of the calen- 
dar, and elect from the regularly registered physicians of the county, two 
physicians, who, with themselves, shall constitute the county board of health. 
The chairman of the board of county commissioners shall be the chairman of 
the ■ county board of health, and the presence of three members at any 
regular or called meeting shall constitute a quorum. The term of office of 
members of the county board of health shall terminate on the first Monday 
in January in the odd years of the calendar, and while on duty they shall 
receive four dollars per diem, to be paid by the county. The county board 
of health shall have the immediate care and responsibility of the health 
interests of their county. They shall meet annually in the county town, 
and three members of the board are authorized to call a meeting of the 
board whenever in their opinion the public health interest of the county 
requires it. They shall make such rules and regulations, pay such fees and 
salary, and impose such penalties as in their judgment may be necessary to 
protect and advance the public health: Provided, that all expenditures shall 
Ije approved by the board of county commissioners before being paid. The 
"board of health shall meet on the first Monday of July, one thousand nine 
liundred and thirteen, and thereafter on the second Monday of January In 
the odd years of the calendar, and elect either a county physician whose ten- 
ure of service shall be terminable at the pleasure of the County board of health 
or county health officer, who shall serve thereafter until the second Monday in 
January of the odd years of the calendar: Provided, that if the county board 
of health of any county shall fail to elect a county physician or a county health 
officer within two calendar months of the time set in this section the Sec- 
retary of the State Board of Health shall appoint a registered physician cf 
good standing in the said county to the office of county physician, who shall 
serve the remainder of the two years, and shall ffx his compensation to be 
paid by said county in proportion to the compensation paid by other counties 
for like service, having in view the amount of tax collected by said county. 

Sec 10. Rules of the county board of health. If any person shall 
violate the rules and regulations made by the county board of health he shall 
be guilty of a misdemeanor, and fined not exceeding fifty dollars or im- 
prisoned not exceeding thirty days. 

Sec 11. Duties of physicians and health officers, penaity for non- 
performance. The duties of the county physicians shall be to make the 
medico-legal post mortem examinations' for the coroners' inquests, to make 
examination of lunatics for commitment, to render professional service to 
the sick inmates of the convict camp, jail, and county home, upon request 
of the superintendent or the keeper of these institutions, and to determine 
the nature of any particular disease, upon request of the quarantine ofl^icer 



80 

or the deputy quarantine officer: Provided, that the county physician shall 
have the right to employ any other regularly registered physician of his 
county to perform any or all of the duties pertaining to the jail, county 
home, or convict camp, when in his judgment it is desirable to do so: Pro- 
vided, however, that the terms under which physician is employed by the 
county physician shall be approved by the board of county commissioners: 
Provided further, that if a county physician shall be employed to devote 
his entire time to the county public health work, he shall perform, in addi- 
tion to the aforesaid duties, the duties of quarantine officer, and the following 
additional duties: he shall make a sanitary examination during the summer 
months of every public school building and grounds in the county, and no 
school committee or teacher shall make use of any school building or grounds 
until the county superintendent of health shall certify in writing that said 
building and grounds have been inspected and found to be in a satisfactory 
sanitary condition within four months of the date of the certificate. He shall 
examine every school child that has previously been examined by the teacher 
according to methods furnished said teacher by the county superintendent 
of schools, and reported to said county superintendent of schools as 
probably defective in the condition of its eyes, ears, nose, or throat, 
and he shall further endeavor to have examined the feces of every 
child whom he suspects of having hookworm disease. He shall notify on 
blank forms and in accordance with instructions furnished by the State 
Department of Public Instruction, every parent or guardian of a child having 
any defect of the aforesaid organs, or hookworm disease, and he shall suggest 
to said parent or guardian the proper course of treatment and urge that 
such treatment be procured. He shall cooperate fully with the county board 
of education, the county superintendent of schools, and the teachers in the 
public schools, to the end that children may be better informed in regard 
to the importance of health and the methods of preventing disease. He shall, 
through the county press, public addresses, and in every available way, 
endeavor to educate the people of his county to set a higher value on health, 
and to adopt such public and private measures as will tend to a greater 
conservation of life. Any violation of this section shall constitute a misde- 
meanor, and shall subject the defendant to a fine of not less than ten dollars 
nor more than fifty dollars. 
1911, c. 62; 1915, c. 233. 



SPECIAL COUNTY TAXATION FOR SCHOOLS 



AN ACT TO AUTHORIZE ANY COUNTY IN NORTH CAROLINA TO VOTE 
UPON THE LEVYING AND COLLECTION OP A SPECIAL TAX ON 
PROPERTY AND POLLS TO SUPPLEMENT THE COUNTY SCHOOL 
FUND OF SAID COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. That the county commissioners of any county, upon the peti- 
tion of the county board of education of said county, may order an election 
to be held in said county to ascertain the will of the people whether there 
shall be levied on all taxable property and polls of said county a special tax, 
not to exceed thirty cents on the one hundred dollars valuation of property 
and ninety cents on each poll, to supplement the county school fund of said 
county. 

Sec. 2. That said election, shall be conducted for the county as nearly as 
may be under the same rules and regulations governing district special 
school tax elections, as set out in section four thousand one hundred and 
fifteen of The Revisal of one thousand nine hundred and five of North 
Carolina. 

Sec. 3. That in case a majority of the qualified voters at said election 
shall vote in favor of said tax, the same shall be annually levied and col- 
lected in the same manner and at the same time as other taxes of the county 
are levied and collected. 

Sec. 4. That in case a majority of the qualified voters at said election 
in any township of said county shall vote for said special tax, the same shall 
be annually levied and collected in said township in the same manner and 
at the same time as other taxes are levied and collected, and used to supple- 
ment the school fund of said township. 

Sec. 5. That in case a majority of the qualified voters at said election in 
any township or in the entire county shall vote in favor of said special tax. 
on petition of a majority of the members of the^ board of trustees or the 
school committee of any existing special tax district within said township 
or county so voting, the county commissioners, shall reduce the annual 
special local tax levy of said district by an amount not exceeding the special 
levy provided for the county or township under this act. 

Sec 6. That in case a majority of the qualified voters at said election 
in any county shall fail to vote for said special tax, on petition of a majority 
of the members of the county board of education of said county, the county 
commissioners may, after thirty days notice, order an election in any subse- 
quent year after the first election for the same purpose and under the same 
regulations as the first election herein provided for in any or all of the 
townships of said county that shall have failed to carry said special tax 
in the former election. 

Sec. 7. That the expense of holding said election shall be paid out of the 
county school fund of said county. 

Sec. 8. That this act shall be in full force and effect from and after its 
ratification. 

Ratified this the 3d day of March, A. D. 1911. 

1911, c. 71. 

6— Public School Law 



SIX MONTHS SCHOOL LAW 



AN ACT TO PROVIDE FOR A SIX MONTHS SCHOOL TERM IN EVERY 
PUBLIC SCHOOL DISTRICT OF THE STATE. 

The General Assemhly of North Carolina do enact: 

PER CAPITA STATE APPROPEIATIOX OF TWO HUNDRED AXD FIFTY THOUSAND DOLLARS. 

Section 1. That two hundred and fifty thousand dollars be, and the same 
is, hereby appropriated annually out of the state treasury for the benefit 
of the public schools, to be apportioned by the State Board of Education to 
the respective counties of the State per capita as to school population on the 
first Monday in January of each year, using the school census of the preced- 
ing scholastic year as the basis of apportionment: Provided, that the State 
Board of Education shall annually deduct from said appropriation, before 
the apportionment thereof, the sum of one thousand five hundred dollars to 
be used in part payment of the salary and expenses of the Superintendent 
of the State Colored Normal Schools and inspector and director of the county 
teachers' institutes and of the teacher-training work of the State, and shall 
also deduct therefrom biennially in advance seven thousand five hundred 
dollars to be used for the establishment of rural libraries as provided in 
section four thousand one hundred and seventy-nine of The Revisal of one 
thousand nine hundred and five of North Carolina. 

WARRANTS, HOW ISSUED. 

Sec. 2. Upon requisition of the Superintendent of Public Instruction, 
the State Auditor shall issue his warrant upon the State Treasurer for the 
amount due each county, payable to the county treasurer, to be credited to 
the general public school fund of said county. 

STATE EQUALIZING SCHOOL FUND CREATED. 

Sec 3. There shall be set aside annually five cents of the annual ad 
valorem tax levied and collected for State purposes on every one hundred 
dollars value of real and personal property in this State, and the funds 
annually arising from said tax shall be held by the State Treasurer as a 
fund separate and apart from all other funds for State purposes, and shall 
be known as "The State Equalizing School Fund," and shall be used, as 
hereinafter directed, to provide a six months school term in every school 
district in the State, or as nearly a six months term as said funds will 
provide, 

APPROPRIATIOX OF EQUALIZING FUND METHOD AND CONDITIONS. 

Sec. 4. On or before the first Monday in December of each and every year 
the county board of education of each and every county entitled to aid from 
this fund shall submit to the State Board of Education, on blanks furnished 
for that purpose by the State Superintendent of Public Instruction, a sworn 
itemized statement by districts, showing the number' of teachers employed in 
each district, the grade or class and the salary of each teacher, and such 
other information as may be required. Said statement shall further show 
under oath that provision has been made as required by law for a four 



83 

months school term in each district of said county, the rate of special tax 
levied therefor and the aggregate fund derived or to be derived therefrom. 
On or before the first Monday in February of each year the State Treasurer 
shall certify to the State Board of Education the amount of said state 
equalizing school fund derived and to be derived from said five cents prop- 
erty tax levied and set aside from the State tax levy on every one hundred 
dollars value of real and personal property in the State during the school 
year ending June thirtieth thereafter, and the State Board of Education 
shall apportion said fund among all the counties of the State that have com- 
plied with all the requirements of the law for providing a school term of 
four months in every school district, so as to equalize the school terms in 
said counties and bring the term in each legal school district in each of said 
counties to an equal length, bringing all terms in all districts to a minimum 
of six months, or as near thereto as the funds provided for this. purpose 
render possible. The State Board of Education, however, shall apportion 
this fund only for the salaries of the teachers employed, and no part of said 
fund shall be apportioned or used for any other purpose than for the payment 
of the salaries of the said teachers for the period designated by the State 
Board of Education in the apportionment to each county. The salaries ap- 
portioned from said fund for teachers shall not exceed forty dollars per 
month for first grade, thirty dollars per month for second grade, and twenty 
dollars per month for third grade. Any balance of said fund that may 
remain after equalizing terms to six months as herein provided shall be 
apportioned among all the counties of the State per capita as to school popu- 
lation. In the apportionment of the State equalizing fund the State Board 
of Education shall observe as the maximum that may te set aside for 
contingent expenses (said contingent expenses to he construed to mean 
all items of expenses except the apportionment for teachers' salaries 
and for buildings, repairs, and equipment as provided by section four thou- 
sand one hundred and sixteen of the Revisal of one thousand nine hundred 
and five as amended) the following: In counties with a total school fuiid 
from general county and State sources of ten thousand dollars or less, not 
more than twenty-five per cent thereof; in counties with a total school fund 
of over ten thousand dollars and less than twenty thousand dollars, not 
more than twenty per cent thereof ; in counties with a total school fund of 
over twenty thousand dollars and less than thirty thousand dollars not more 
than seventeen and one-half per cent thereof; in counties with a total school 
fund of more than thirty thousand dollars and less than fifty thousand 
dollars not more than sixteen per cent thereof; and in counties with a 
total school fund of more than fifty thousand dollars not more than fifteen 
per cent thereof: Provided, that these maximum limits shall apply only 
in the apportionment of the State Equalizing Fund. 

IN APPROPKIATION OF EQUALIZING FUND, NO ACCOUNT TO BE TAKEN OF LOCAL 

TAX FUNDS. 

Sec. 5. In the apportionment of the county school fund and in the appor- 
tionment of funds under this act to school districts levying a special tax for 
their schools no account shall be taken of the funds derived from said special 
tax, and the authorities legally empowered to levy such special tax in such 
school districts are hereby authorized, upon recommendation of the school 
committee or board of trustees of said school districts, to reduce the rate 



84 

of the annual special tax levy therein proportionately to the increase of the 
funds of said district from the increased apportionment from the county 
and State funds and to the needs of the district: Provided, however, that 
the school term in said district shall not be reduced by said decrease in the 
special tax more than it is lengthened by the increased appropriation from 
the county and State funds. 

COUNTIES THAT DO XOT HAVE FOUR MONTHS TERM AFTER LEVYING MAXIMUM RATE, 
ENTITLED TO RECEIVE AID FROM THIS FUND. 

Sec. 6. After any county shall have levied and collected a special tax 
of fifteen cents on every one hundred dollars value of property, real and 
personal, and forty-five cents on every taxable poll therein, to provide a four 
months school term in every school district, though the funds derived 
therefrom may be insufficient therefor, said county shall be entitled to receive 
from the State equalizing school fund provided under this act an apportion- 
ment for salaries of teachers for the same increased period beyond the end 
of its school term as it would if it had provided a full four months term 
in every district. 

FUNDS CAN BE USED ONLY FOR TEACHERS' SALARIES. 

Sec. 7. Upon requisition by the State Superintendent of Public Instruc- 
tion, the State Auditor shall issue his warrant upon the State Treasurer 
payable to the county treasurer for the apportionment made under section 
four of this act to each county, and the funds when received by said county 
treasurer shall be placed to the credit of the county school fund of said 
county, to be used only for the specific purpose designated in this act; and 
the county treasurer is forbidden to pay any part thereof for any other 
purpose; the county board of education is forbidden to order the payment 
of any part thereof for any other purpose, and the county superintendent of 
public instruction is forbidden to sign any voucher for the payment of any 
part thereof for any other purpose than for the payment of teachers' salaries 
as and for the period designated. No district in any county shall be entitled 
to any part of said apportionment for the payment of the salary of its teach- 
ers until the committee thereof or the township committee shall have fur- 
nished to the county superintendent satisfactory evidence, sworn to if re- 
quired, that the necessary funds have been provided for paying the incidental 
expenses of the school or schools in said district for the additional term for 
which teachers' salaries have been provided in said apportionment. Any 
county treasurer, county superintendent, or member of any county board 
of education violating any of the provisions of this section shall be guilty 
of a misdemeanor, and shall be fined or imprisoned in the discretion of the 
court. 

FUNDS SUFFICIENT TO MAINTAIN SCHOOLS FOUR MONTHS MUST BE PROVIDED BY 

COUNTY — SPECIAL TAX. 

Sec 8. Chapter five hundred and eight of the Public Laws of one thousand 
nine hundred and nine of North Carolina is hereby repealed, and the fol- 
lowing is hereby substituted and enacted in lieu thereof: On or before the 
first Monday in June of each and every year the county board of education 
of each county shall ascertain the amount of money needed to maintain the 
public schools of such county for four months during the succeeding school 



85 

year. The county board of education, using as a basis the receipts for school 
purposes during the current school year ending June thirtieth thereafter, 
shall ascertain the amount that will be available for school purposes from 
the general school tax, from fines, forfeitures, and penalties, and from the 
annual per capita appropriation to the county from the special State appro- 
priation for public schools under this act. If the amount received and to be 
received from these sources is less than the amount ascertained to be needed 
for a full four months school term in every public school district of the county, 
said' county board of education shall submit to the board of county commis- 
sioners of said county an itemized statement of the amounts needed for super- 
vision, for administration, for buildings and repairs, for salaries of teachers, 
and for all other expenses allowed by law. The statement shall also set forth 
the number of teachers, white and colored, to be employed in each district, 
and the salary of each teacher in each district. The limitation placed by 
law on each of these objects shall not be exceeded. It shall thereupon be 
the duty of the board of county commissioners to levy a special tax on all 
property, real and personal, and on all taxable polls, subject to the constitu- 
tional limitation as to poll tax, in said county sufficient to supply the defi- 
ciency needed for the support and maintenance of the public schools of said 
county for four months in each school district: Provided, that no county 
shall be compelled to levy a special tax of more than fifteen cents on every 
hundred dollars value of property, real and personal, and forty-five cents 
on every taxable poll for said purpose. The said tax shall be levied and 
collected at the same time and in the same manner as other county taxes are 
levied and collected, and the funds derived therefrom shall be apportioned 
and expended by the county board of education for maintaining one or more 
public schools in each school district for a term of four months in each year. 
In the event of a disagreement between the county board of education and 
the board of county commissioners as to the amount of the deficiency to be 
supplied for a four months school, and as to the rate of tax to be levied 
therefor, or of the refusal of any board of county commissioners to levy 
said tax, the county board of education shall bring an action in the nature of 
mandamus against the board of county commissioners to compel the levying 
of such special tax in the manner and form as provided in sections eight 
hundred and twenty-two and eight hundred and twenty-four of The Revisal 
of one thousand nine hundred and five of North Carolina, and it shall be 
the duty of the judge hearing the same to find the facts as to the amount 
needed and the amount available from the sources herein -specified, which 
finding shall be conclusive, and to give judgment requiring the county com- 
missioners to levy the sum which he shall find necessary to maintain the 
schools for four months in said county. No county shall receive any part 
of the State equalizing school fund provided by this act until it shall have 
levied the special tax herein required of it for a four months school term 
in every school district. 

COMMISSIONERS MAY LEVY ADDITIONAL TAX FOR NECESSARY EXPENSES. 

Sec. 9. That the board of commissioners of any county in North Carolina 
be, and they are hereby authorized and empowered to levy a special tax in 
excess of the constitutional limitation, not exceeding five (5) cents on the 
one hundred dollars ($100) valuation of all property listed for taxation in 
their respective counties, to "provide for any deficiency in the necessary 



86 

expenses and revenue of said respective counties, which may be caused by 
the provisions of this act. 

CONFLICTING LAWS REPEALED. 

Sec 10. That section four thousand and ninety-seven of The Revisal of 
one thousand nine hundred and five of North Carolina, as amended by chapter 
seven hundred and seventy-nine of the Public Laws of one thousand nine 
hundred and nine of North Carolina, be and the same is hereby repealed, 
and all laws and clauses of laws in conflict with this act are hereby repealed. 

Sec. 11. That this act shall be in force from and after its ratification. 

In the General Assembly read three times and ratified this the 1st day of 
March, 1913. 

1913, c. 33; 1915, c. 236. 



COMPULSORY ATTENDANCE LAW 



AN ACT TO MAKE SCHOOL ATTENDANCE COMPULSORY. 
All Children Required to Attend School, Age 8 to 12, Term Four Months. 

The General Assembly of North Carolina do enact: 

Section 1. That from and after the first day of July, one thousand nine 
hundred and thirteen, every parent, guardian, or other person in the State 
of North Carolina having charge or control of a child or children between 
the ages of eight and twelve years, shall cause such child or children to 
attend the local public school in the district, town or city in which he resides, 
continuously for four months of the school term of each year, except as 
hereinafter provided. This period of compulsory attendance shall commence 
at the beginning of the compulsory period of the school term nearest to the 
eighth birthday of such child or children, and shall cover the compulsory 
period of four consecutive school years thereafter. This period of compulsory 
attendance for each public school shall commence at the beginning of the 
school term of said school unless otherwise ordered by the county board of 
education or, in case of towns or cities of two thousand or more inhabitants, 
by the board of trustees of the public schools of said towns or cities. Con- 
tinuous attendance upon some other public school or upon any private or 
church school taught by competent teachers may be accepted in lieu of at- 
tendance upon the local public schools: Providecl, that said period of con- 
tinuous attendance upon such other school shall be for at least four months 
of each year: Provided, further, that any private or church school receiving 
for instruction pupils between the ages of eight and twelve years shall be 
required to keep such records of attendance of said children and to render 
such reports of same as are hereinafter required of public schools. And 
attendance upon such schools refusing or neglecting to keep such records 
and to render such reports shall not be accepted in lieu of attendance upon 
the local public school of the district, town or city which the child shall be 
entitled to attend: Provided, the period of compulsory attendance shall be 
in force and apply between the ages of eight and fifteen years in Mitchell 
County: Provided, further, that the county hoard of education in any county 
may, in its discretion, or the toard of trustees of the public schools of any 
town of two thousand or more inhabitants may, in its discretion, extend the 
age limit for compulsory attendance from twelve years to thirteen or to 
fourteen years. 

exemptions. 

Sec. 2. This act shall not apply in any case in which the child's physical 
or mental condition, as attested by any legally qualified physician before any 
court having jurisdiction under this act, renders his attendance impracticable 
or inexpedient; or in any case in which the child resides two and one-half 
miles or more by the nearest traveled route from the schoolhouse; or in any 
case in which, because of extreme poverty the services of such child are 
necessary for his own support or the support of his parents, as attested by 
the aflldavit of said parents and of such witnesses as the attendance ofllcer 



88 

may require; or in any case in which said parent, guardian or other person 
having charge or control of the child shall show before any magistrate by 
affidavit of himself and of such witnesses as the attendance officer may re- 
quire, that the child is without necessary books and clothing for attending 
school, and that he is unable to provide the necessary books and clothes: 
Provided, that when books and clothing shall have been provided," through 
charity or by other means, the child shall no longer be exempt from attend- 
ance under this provision. 

PAREXTS SHALL CAUSE CHILDREX TO ATTEXD SCHOOL. 

Sec. 3. Every parent, guardian, or other person in the State of North 
Carolina having charge or control of a child or children between the ages 
of eight and twelve years shall cause said child to attend school as afore- 
said: Provided, that occasional absence from such attendance by such child 
amounting to not more than two unexcused absences in four consecutive 
weeks shall not be unlawful: Provided, further, that the superintendent, 
principal or teacher in charge of any school may excuse any child for a 
temporary absence because of unusual storm or bad vveather, sickness or 
death in the child's family, unforseen or unavoidable accidents, and such 
excuse and reason therefor shall be recorded by said superintendent, princi- 
pal, or teacher in charge of school and reported to the attendance officer 
as hereinafter provided: Provided, further, that in case of protracted illness 
of any child whose attendance is required under this act, or in case of quaran- 
tine of the home in which the child resides, upon report of the health officer 
or upon satisfactory evidence to this effect, the attendance officer shall excuse 
from attendance such child until he is fully restored to health or until the 
time required by law that he shall stay out of school after quarantine has 
been raised. 

PEXALTY FOR VIOLATIOX OF LAW. 

Sec. 4. Any parent, guardian or other person violating the provisions of 
this act shall be guilty of a misdemeanor, and upon conviction shall be liable 
to a fine of not less than five dollars nor more than twenty-five dollars, and 
upon failure or refusal to pay such fine said parent, guardian, or other person 
shall be imprisoned not to exceed thirty days in the county jail: Provided. 
that the fine for any first offense may, upon the payment of costs, be sus- 
pended and not collected until the same party is convicted of a second offense: 
Provided, further, that after the expiration of three days from the service of 
the notice by the attendance officer each and every day a parent, guardian, 
or other person shall willfully and unlawfully keep such child or children 
from school, or allow him to remain out of school, shall constitute a separate 
offense and shall subject said person to penalties herein prescribed. 

ATTEXDAXCE OFFICERS, DUTIES, COMPEXSATIOX, ETC. 

Sec. 5. (Si^bstitute for.) The county 'board of education in each county 
shall appoint and remove at will an attendance officer in each township to 
enforce the provisions of this act. It shall he the duty of the school com- 
mittee or district to furnish each superintendent, principal, or teacher in 
charge of each school, and to furnish also the atteiidance officer of each 
township and the county superintendent, ivith an accurate school census of 
each school district at the opening of the school in said toivnship or district 
each year. The superintendent, principal, or teacher in charge of any school 



shall at the end of each week serve icritten or ininted notice upon every 
parent or guardian or other person having in charge any child within the 
compulsory attendance age, notifying him of the a'bsence or absences of such 
child during the week and shall file copies of all such notices w'ith the at- 
tendance officer immediately; and said parent, guardian, or person shall he 
required to render promptly to such superintendent, principal, or teacher in 
charge of the school the excuse or cause of absence of such child. The failure 
of such parent, guardian, or person to render satisfactory excuse within three 
days after the mailing or serving such notice shall be prima facie evidence 
of the violation of this act in case of any prosecution of such person under 
this act; and shall subject said person to prosecution therefor and to the 
payment of the costs incurred in such prosecution. The names of all persons 
failing to render satisfactory legal excuse shall be reported immediately 
to the attendance officer. Prosecutions under this act shall be brought by 
the attendance officer in the name of the State of North Carolina before any 
justice of the peace, or police justice, or recorder of any county, town, or town- 
ship, in which the person prosecuted resides. Upon failure of any attendayice 
officer to prosecute, the county superintendent, upon report a^id recommenda- 
tion of principal or teacher in charge or of the school committee, shall prose- 
cute for violation of this act. The attendance officer shall keep an accurate 
record of all notices served, all cases prosecuted, and all other services per- 
formed, and shall make an annual report of same to the county board of 
education. In the discretion of the county board of education, the attendance 
officer shall be allowed reasonable compensation from the county school fund 
for such services as are required of him under this act, compensation for 
ivhich is not specifically provided for herein: Provided, that in case the 
county board of education shall appoint a school committeeman or township 
constable as attendance officer, the duties of such officer herein prescribed 
are hereby declared to be a part of his duties ex officio: Provided, further, 
that the school committee or board of trustees of any school in any town or 
city of five thousand or more inhabitants, operating its schools under special 
charter, is hereby authorized and empowered, if in their judgment such 
action is wise, to appoint an attendance officer for the schools under their 
direction, fix his compensation, and. pay the same out of the special tax school 
funds of said town or city, and assign to him other duties in addition to 
those enumerated above. 

TEACHERS MUST CO-OPERATE, PENALTY FOR 1V0X-C0MPJ.IANCE. 

Sec. 6. (Substitute for.) It shall be the duty of all principals and 
teachers to cooperate with the attendance officers in the enforcement of this 
law. To this end it shall be the duty of the principal or teacher in charge in 
every school in which pupils between the ages of eight and twelve years are 
instructed to keep an accurate record of the attendance of such pupils. On 
or before the fourth Monday of each calendar month during the compulsory 
attendance term of each school the superintendent, principal or teacher in 
charge of each school in each township shall report to the attendance officer 
of said township and the county superintendent the names of all children 
that have been absent without legal excuse during said month, the number 
of absences of each child together with the name of the parent, guardian, or 
person in charge of said child^ The said township attendance officer shall 
immediately upon receipt of said report notify each of said parents, guardians. 



90 

or other persons having in charge such reported children to meet him at a 
designated place in said township at a designated hour on Saturday following 
said fourth Monday for the purpose of explaining the cause of such absence 
of such children, and said attendance officer, after hearing and passing upon 
the excuses rendered, shall proceed with the prosecution as provided for in 
this act against those parents, guardians, or other persons who fail to render 
legal excuse for the absence of such reported children. 

Said attendance, officer shall be paid out of the general school fund of the 
county two dollars for his services rendered on said day for said purpose. 
The failure of any parent, guardian, or other person in charge of any child 
that has been reported absent, ivithout excuse, to meet said attendance 
officer on said day without satisfactory excuse rendered shall be prima facie 
evidence of the violation of the provisions of this' act and shall subject him 
to prosecution hereunder and to the penalty prescribed herein. Upon the 
willful or negligent failure of any principal or teacher in charge of any school 
to comply with the provisions of this section, the county superintendent 
shall deduct from his or her salary for the current month the sum of five 
dollars before approving the voucher therefor. 

LAW TO BE GIVEN WIDEST POSSIBLE CIRCULATION. 

Sec. 7. It shall be the duty of the county board of education of each 
county to cause this act to be published in full in some newspaper published 
in the county, if there is one, and if there be none, then in circular form, 
and given the widest possible circulation at least four weeks prior to the 
opening of the schools for the school year beginning July first, one thousand 
nine hundred and thirteen, and annually thereafter, if in their discretion it 
seems necessary. 

EXISTING LOCAL OR SPECIAL LAWS NOT AFFECTED OR REPEALED BY THIS ACT. 

Sec 8. This act shall not affect or in any part repeal any existing special 
or local laws requiring compulsory attendance in any county or school dis- 
trict: Provided, the provisions of this act shall apply to Mitchell County. 

APPLIES TO POLK COUNTY. 

Sec 9. This bill shall apply to all children in Polk County between the 
ages of seven and fifteen years. 

Sec 10. Chapter eight hundred and ninety-four of the Public Local Laws 
of one thousand nine hundred and seven of North Carolina, as amended by 
chapter five hundred and twenty-five of the Public Laws of one thousand 
nine hundred and nine of North Carolina is hereby repealed. 

BOARD GIVEN POWER TO MAKE RULES AND REGULATIONS TO SECURE ATTENDANCE. 

Sec 11. The board of education of each county shall have power at their 
regular meeting held in July of each year, and thereafter at any regular 
meeting, to make such rules and regulations as they may deem best to secure 
the attendance of all children between the ages of eight and twelve years 
upon schools of the county, and such rules and regulations, when approved 
by the county superintendent of public instruction, and posted at the court- 



91 

house door and at the door of each public schoolhouse in the county, shall 
supersede any provision of this act in conflict therewith,* 

Sec. 12. This act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified this the 12th day 
of March, 1913. 

1913, c. 173; 1915, c. 236. 



*As will be seen from the State Superintendent's construction of this law, concurred in by 
the Attorney-General, section 11 is an enabling instead of a disabling section, allowing the 
county board of education discretion in the modification of the machinery of the act by the 
adoption of rules and regulations for its enforcement, adapted to the different conditions in 
different counties, but conferring no power upon the board to revoke or annul the general and 
fundamental provisions of the law and its clearly stated purpose of compelling the attendance 
of all children between the ages of eight and twelve years. 

It is mandatory upon the county board of education to enforce these fundamental provisions 
and "to secure the attendance of all children between the ages of eight and twelve years upon 
the schools of the county." Read carefully the State Superintendent's oflRcial construction of 
this law on pages 115 et seq. of this pamphlet. 



CHILD LABOR LAW 



AN ACT TO REGULATE AND RESTRICT LABOR IN MANUFACTURING 

ESTABLISHMENTS. 

The General Assembly of North Carolina do enact: 

NO CHILD UNDER TWELVE PERMITTED TO WORK IN FACTORIES. 

Section 1. That no child under twelve years of age shall be employed or 
work in any factory or manufacturing establishment within this State: 
Provided, that no child between the ages of twelve and thirteen shall be 
employed or work in a factory except in apprenticeship capacity, and only 
then after having attended school four months in the preceding twelve 
months. 

NO person under sixteen years may work at night. 

Sec. 2. That no person under sixteen years of age shall be employed or 
permitted to work in any mill, factory or manufacturing establishment in 
this State between the hours of 9 p. m. and 6 a. m. 

certificates required. 

Sec 3. That no child under sixteen years of age shall be employed or 
permitted to work at night, nor shall any child under the age of thirteen years 
be employed on day work in any mill, factory or manufacturing plant in this 
State .unless the person, firm or corporation employing such child or permit- 
ting such child to work shall have procured and shall keep on file and accessi- 
ble to any inspector of factories or other authorized officer charged with the 
enforcement of this act a certificate from the parent, guardian, or from person 
standing in loco parentis to any such child, which certificate shall show the 
name and age of such child, and in case such child is under thirteen and 
more than twelve years of age, said certificate must set forth the fact that 
such child has attended school four months in the preceding twelve months. 

penalty for violation. 

Sec 4. That any person, firm or corporation, agent or manager of any 
firm or corporation who willfully, whether for himself or for such firm or 
corporation, employs or permits to work any child in violation of any of the 
provisions of this act, and whoever, having under his control as parent, 
guardian or otherwise, shall willfully set forth any false statement in the 
certificate of employment herein required or otherwise suffers such children 
to be employed or to work in violation of any of the provisions of this act, 
shall be guilty of a misdemeanor. 

county superiintendent must investigate. 

Sec 5. That it shall be the duty of the county superintendent of public 
schools to investigate any violation of this act and to report the same to the 
solicitor of the judicial district in which said violation occurred, together 
with the names of all witnesses. 

Sec 6. That all laws and clauses of»laws in conflict with this act are 
hereby repealed. 

Sec 7. That this act shall be in force from and after the first day of 
January, 1914. 

In the General Assembly read three times and ratified this the sixth 
day of March, 1913. 

1913, c. 64. 



GUILFORD COUNTY FARM LIFE SCHOOL LAW 

Made to Apply to All Counties of the State. 



AN ACT TO PROMOTE THE TEACHING OF AGRICULTURE AND DOMES- 
TIC SCIENCE IN THE PUBLIC HIGH SCHOOLS OF GUILFORD 
COUNTY. 

The General Assembly of North Carolina do enact: 

AGRICULTURAL INSTRUCTION AND TRAINING IN DOMESTIC SCIENCE. 

Section 1. That there shall be maintained in one or more of the public 
high schools of Guilford County, complying with the provisions of this act as 
hereinafter set forth, a department of agricultural instruction, and a depart- 
ment of training in domestic science and home economics in order to better 
prepare the boys and girls of said county for farm life and home-making. 

BOARD OF TRUSTEES. 

Sec 2. That the said school or schools shall be under the control and 
management of a board of trustees consisting of the members of the board 
of education of said county and the chairman and secretary of the board of 
trustees of each high school in which such departments are established. 

SELECTION OF SCHOOL. 

Sec 3. That after due advertisement inviting bids from the public high 
schools of said county now in existence or hereafter created, the County 
Board of Education of Guilford County shall designate the place or places 
at which such agricultural or domestic science work shall be established. 
In designating a school, the said county board of education shall take into 
consideration the financial aid offered for a maintenance and equipment, 
desirability and suitability of location: Provided, however, that no such 
department shall be established in a school which is located in a town of 
more than one thousand inhabitants, nor within two miles of the corporate 
limits of any city or town of more than five thousand inhabitants. 

MAINTENANCE OF SCHOOL, PROVISIONS, ETC 

Sec 4. That for the maintenance of said school or schools, the County 
Board of Education of Guilford County shall provide annually out of the 
public school fund, or by donation or local tax, not exceeding twenty-five 
hundred ($2,500) dollars: Provided, hoivever, that the present average 
school term of the county shall not be shortened by the appropriation herein 
designated. Any school applying for the benefit to be derived under this 
act shall first provide a building with recitation rooms, laboratories, and 
apparatus necessary for efficient instruction in the prescribed subjects of 
study and such dormitory buildings as the county board of education of said 
county may require, and a farm of not less than ten acres of good arable 
land, said land to be situated not more than one mile from the school 
buildings: Provided, hoivever, that before the County Board of Education 
of Guilford County shall designate any school as a place at which the agri- 
cultural and domestic science^ work shall become a part of the school curricu- 



94 

lum, it shall first submit to the State Superintendent of Public Instruction 
for his inspection and approval the equipment provided for said school. 

PURPOSE OF SCHOOL AND COURSE OF STUDY. 

Sec. 5. That the purposes of said school or schools are to give to the boys 
and girls such preparation as is now given in the said county public high 
schools, and in addition to that to give to the boys training in agricultural 
pursuits and farm life, and to prepare the girls for home-making and home- 
keeping. The course of study for the said school or schools shall be subject 
to the approval of the State Superintendent of Public Instruction and an 
advisory board of farm-life schools to be appointed by him. 

FACULTY AND SCHEDULE OF WORK. 

Sec. 6. That the teacher or teachers of the public high school, the teacher 
of agriculture, and the teacher of domestic science shall constitute the 
faculty of the county high school, who shall arrange the weekly schedule of 
work and submit such weekly schedule to the County Superintendent of 
Education of Guilford County for his approval. 

APPROPRIATION BY STATE, PROVISIONS AND TERMS. 

Sec 7. That upon its being made to appear to the State Board of Educa- 
tion that Guilford County has complied with all the provisions of this act 
for establishment, maintenance and equipment of an agricultural department 
and a domestic science department in connection with one or more of the 
public high schools of the said county, it shall appropriate and pay to the 
County Board of Education of Guilford County for such purpose an amount 
equal to that appropriated and furnished by the county of Guilford for said 
work: Provided, hoivever, that said appropriation by the State Board of 
Education shall not exceed the sum of twenty-five hundred ($2,500) dollars 
annually for the maintenance of said work in said county, to be paid by the 
State Treasurer out of funds appropriated for the maintenance of county 
farm-life schools by "chapter eighty-four of the Public Laws of one thousand 
nine hundred and eleven. That any money that is now or may hereafter 
be appropriated by the General Assembly of North Carolina, the State Board 
of Education, or other State authority for agricultural or domestic science 
education, a part of which appropriation would, except for this act, be appro- 
priated to Guilford County absolutely, or upon a contingency or contingencies, 
then and in that event such appropriation which would go to Guilford County 
shall be turned over to the County Board of Education of Guilford County 
to aid in the carrying out of the provisions of this act. That compliance 
with the provisions of this act by the authorities of Guilford County shall 
be sufficient to entitle the county of Guilford to its proportion of any appro- 
priation of money already made or which may hereafter be made for training 
in the science of agriculture or domestic science. The State Superintendent 
of Public Instruction shall issue a requisition on the State Auditor for the 
amount so apportioned to Guilford County and he shall issue his warrant to 
the county treasurer of said county, and the money shall be placed by the 
said treasurer to the credit of the school or schools of Guilford County in 
which said agricultural and domestic science work is being conducted: Pi^o- 
vided. however, that all money thus placed to their credit shall be used 
exclusively for the purpose of instruction in agriculture and domestic science. 



95 



AUTHORITY OF HIGH SCHOOL PRINCIPAL. 



Sec. 8. That nothing in this act shall be construed to lessen the power 
and authority of the principal of the high school, but the instructors in the 
various departments shall be considered members of the faculty of which 
the high school principal is head. 

QUALIFICATION OF TEACHERS. 

Sec. 9. That no person shall be employed as teacher in agriculture oi 
domestic science in the school or schools herein provided for unless the 
applicant has furnished to the trustees satisfactory evidence of a liberal Eng- 
lish education, and in addition thereto special preparation and fitness for the 
specific branches to be taught, said qualifications to be passed upon by the 
County Superintendent of Guilford County, and if approved, submitted to 
the State Superintendent of Public Instruction for his approval. In addition 
to the above requirements the said person shall hold a high school teacher's 
certificate on all required subjects except Latin, Greek, and Modern Lan- 
guages. 

STUDENTS FROM OTHER COUNTIES. 

Sec. 10. That the board of trustees of the school or schools herein provided 
for is authorized and empowered to admit students from other counties of 
the State to said school or schools, upon payment of such tuition charges 
as said board of trustees may fix, but all students who are residents of Guil- 
ford County shall be admitted to any of said schools without charge for 
tuition: Provided, however, that there shall be no discrimination against 
students coming from other counties in the charges fixed for board and 
incidentals. 

AGRICULTURAL FARM LIFE AND EXTENSION WORK. 

Sec. 11. That it shall be part of the duty of the teachers of agriculture 
and domestic science to conduct agricultural farm life and extension work 
in Guilford County in cooperation, as far as possible, with such work carried 
on in said county by the State Department of Agriculture, the North Carolina 
College of Agriculture and Mechanic Arts, and the United States Department 
of Agriculture; to hold township and district meetings in various parts of 
Guilford County from time to time, for farmers and farmers' wives; to co- 
operate with the county superintendent of education of said county and 
with the commissioner of agriculture, if such officer exists, in stimulating, 
directing and supervising practical farm life work in the public high school 
and the elementary schools of said county, and in providing instruction 
through the teachers' association and through a special short course of study 
at the schools where agriculture and domestic science instruction is given 
for the public school teachers of the said county. 

THIS ACT MADE TO APPLY TO ANY COUNTY OF NORTH CAROLINA. 

Sec. 12. This act shall apply to Guilford County, and to any other county 
of the State of North Carolina complying with the conditions herein required 
of Guilford County: Provided, that the amount annually set aside out of 
the public school fund by any county for maintenance of said farm-life depart- 
ments shall not operate to increase the amount to which said county would 
have been entitled from the State equalizing fund if said apportionments 



96 

^or farm-life departments had not 'been set aside; and said apportionments 
shall be included in the necessary expenses for a four months' school term 
for which a special tax, if necessary, must be levied under chapter thirty- 
three of the public laws of one thousand nine hundred and thirteen. The 
board of cotmty commissioners of any county is hereby authorized to provide 
out of the funds for necessary county expenses the funds required under 
section four of chapter four hundred and forty-nine of , the public local laws 
of one thousand nine hundred and eleven for the establishment and main- 
tenance thereunder of farm-life departments in public high schools, and to 
include the same in the annual levy for necessary county expenses. 

Sec. 13. That this act shall be in force from and after its ratification. 

Ratified this the 1st day of March, 1911. 

Amendments ratified the 10th day of March, 1913. 

1911 (Public Local Laws), c. 449; 1913, c. 105; 1915, c. 236. 



WOMEN ON SCHOOL BOARDS 



AN ACT TO AUTHORIZE WOMEN TO DISCHARGE CERTAIN DUTIES 
PERTAINING TO EDUCATION. 

The General Assembly of North Carolina do enact: 

CERTAIN POSITIONS NOT DEEMED OFFICES. 

Section 1. That positions on committees for rural and graded schools, 
boards of trustees for State schools and colleges for women, and sub-text- 
book commissions, shall not be deemed offices within this State, but shall 
be places of profit or trust. 

WOMEN MAY SERVE IN SAID POSITIONS. 

Sec 2. Women shall be eligible to serve in the places named in section 
one of this act under the same conditions and restrictions as are now imposed 
upon men: Provided, that the provisions of this act shall not apply to any 
position or place where the person holding such position or place is elected 
by the people. 

Sec. 3. All laws and clauses of laws in conflict with this act are hereby 
repealed. 

Sec. 4. This act shall be in force from and after its ratification. 

In the General Assembly read three times and ratified this the 12th day 
of March, 1913. 

1913, c. 170. 



7— Public School Law 



COUNTY FARM-LIFE SCHOOL LAW 



AN ACT TO PROVIDE FOR THE ESTABLISHMENT AND MAINTENANCE 
OP COUNTY FARM-LIFE SCHOOLS AND FOR THE PROMOTION OF 
AGRICULTURE AND HOME MAKING. (Chapter 71, Public Laws of 1911.) 

The General Assembly of North Carolina do enact: 

Section 1. There shall be established and maintained in every county 
complying with the provisions of this act as hereinafter set forth a school 
to be known as a "County Farm-life School" for the training and preparation 
of the boys and girls of said county for farm life and home making. 

THE AIM OF THE COUNTY FARM-LIFE SCHOOL. 

Sec. 2. The aim of said school shall be to prepare boys for agricultural 
pursuits and farm life and to prepare girls for home making and house- 
keeping on the farm. The course of study in said school shall be subject 
to the approval of the State Superintendent of Public Instruction and an 
advisory board on farm-life schools, to be appointed by him: Provided, 
however, that the course of study shall include practical work on the farm 
by the boys and practical work in all subjects relating to housekeeping and 
home making by the girls. 

BOARD OF TRUSTEES. 

Sec. 3. Said school shall be under the control and management of a board 
of. trustees, consisting of one member from each township in the county, 
appointed by the county board of education, who shall serve until their suc- 
cessors shall be appointed. The first board of trustees shall be divided by 
the county board of education into three as nearly equal groups as possible — 
one group shall be appointed for a term of two years, one group for a term 
of four years, and one group for a term of six years. Upon the expiration of 
the term of office of any trustee his successor shall be appointed for a term 
of six years. The county superintendent of public instruction shall be 
ex officio a member of said board and secretary thereof. All vacancies occur- 
ring by death, resignation or otherwise, in said board shall be filled for the 
unexpired term by the county board of education. 

Sec. 4. Within ten days after any county, township or townships shall 
have complied with the provisions of this act as hereinafter set forth for 
the maintenance and equipment of said school, the members of the board of 
trustees shall be appointed, and the county superintendent shall duly notify 
them to meet at the county seat within ten days after their appointment ro 
qualify and organize. 

LOCATION. 

Sec. 5. After due advertisement, inviting bids for the location of said 
school within said county, said board of trustees shall locate it at such place 
in said county as shall offer the largest financial aid for maintenance and 
equipment, having due regard for desirability arid suitability of location: 
Provided, hoioever, that said school shall not be located in any city or town of 
more than one thousand inhabitants, nor within two miles of the corporate 
limits of any city or town of more than five thousand inhabitants. 



99 

BUILDINGS, FARM, MAINTENANCE, ETC. 

Sec. 6. For the maintenance of said school, the county or township or 
school district, or all combined, wherein it is located, shall provide annually, 
by taxation or otherwise, not less than twenty-five hundred dollars. The 
county or township or school district, or all combined, shall also provide by 
bond issue, or otherwise, the following equipment for said school: a school 
building with recitation rooms and laboratories and apparatus necessary for 
efficient instruction in the prescribed subjects of study; dormitory buildings 
with suitable accommodations for not less than twenty-five boys and twenty- 
five girls; a barn and dairy building with necessary equipment; a farm of 
not less than twenty-five acres of good arable land. All of said buildings 
shall be located on said farm and shall be constructed in accordance with 
plans approved by the State Superintendent of Public Instruction, and the 
entire equipment shall be subject to his approval and acceptance after in- 
spection: Provided, however, that, upon recommendation of the board of 
trustees and the presentation of satisfactory reasons therefor, the State 
Superintendent of Public Instruction may grant permission to said board of 
trustees to accept any suitable and properly equipped school building already 
constructed, though it may not be located on said farm, provided it be located 
within reasonable and convenient distance thereof, and may also grant per- 
mission to reduce the required acreage for the farm to not less than ten acres. 

PROVISIONS FOR ELECTION IN COUNTY. 

Sec. 7. Upon written request of the county board of education of any 
county, the board of county commissioners of said county may in their discre- 
tion order an election to be held in said county, in accordance with the law 
governing general elections therein, as nearly as may be: Provided, hoivever, 
that a new registration shall be ordered for said election; and not less than 
thirty days notice of said election shall be given at the courthouse door and 
three other public places in said county; and if there be newspapers published 
in said county, a notice of said election shall also be published weekly for 
four successive weeks preceding said election in one newspaper therein; and 
the registrars and poll-holders shall canvass the vote cast, declare the result, 
and duly certify the returns to the board of county commissioners, and the 
returns shall be recorded in the records of said board of county commis- 
sioners. At said election shall be submitted to the qualified voters of the 
county the question of levying and collecting a special tax on all taxable 
property and polls of said county for the maintenance and equipment of a 
"County Farm-life School" therein. At such election those favoring the 
levying and collection of such a tax for said purpose shall vote a ballot on 
which shall be written or printed the words "For County Farm-life School"; 
and those opposed shall vote a ballot on which shall be written or printed 
the words "Against County Farm-life School." If a majority of the qualified 
voters shall vote "For County Farm-life School," then all the provisions 
of this act shall be in full force and effect, and the county commissioners 
shall annually levy and cause to be collected, in the same manner and at 
the same time as other taxes of the county are levied and collected, a tax on 
all property and polls of the county sufficient to provide the sum required 
of said county under section six of this act for the annual maintenance of 
said school, and, in addition, the sum required for the payment of the annual 
interest on such bond issue as may be found necessary for providing the 



100 

equipment for said school required under section six of this act, as said 
interest accrues, and to create a sinking fund for the purpose of paying off 
and discharging said bonds as they become due. The bond of the sheriff or 
tax collector of said county shall be responsible for said tax to the same 
extent as it is liable for other taxes collected by him. 

BONDS TO BE ISSUED. 

Sec. 8. If a majority of the qualified voters at the election herein pro- 
vided for shall vote "For County Farm-life School," it shall be deemed and 
held that a majority of the qualified voters are in favor of granting to the 
board of county commissioners of said county authority to issue bonds in 
an amount not to exceed twenty-five thousand dollars for the purpose of 
providing the necessary equipment prescribed in section six of this act; and 
such authority shall be granted to and vested in said board of county com- 
missioners and said board is hereby authorized and empowered to issue 
and sell bonds in the name of said county to an amount not to exceed twenty- 
five thousand dollars, of such denomination and of such proportion as said 
board of county commissioners may deem advisable, bearing interest at a 
rate not to exceed six per centum, with interest coupons attached, payable 
at such time or times and at such place or places as may be deemed advisable 
by said board of county commissioners, such bonds to be of such form and 
tenor and transferable in such way, and the principal thereof payable or 
redeemable at such time or times, not less than fifteen years from the date 
thereof, and at such place or places as said board of county commissioners 
may determine. The proceeds arising from the sale of said bonds shall be 
expended by said board of county commissioners in providing, by purchase 
or otherwise, the equipment in land, buildings and apparatus required in 
section six of this act for the "County Farm-life School": Provided, hoiuever, 
that the treasurer of said county shall receive no compensation for receiving 
or disbursing the money which may be received from the sale of said bonds. 

election IX TOWNSHIP ISSUANCE OF BONDS TO SECURE LOCATION. 

Sec. 9. The county commissioners of any county that has voted for the 
establishment of a "County Farm-life School" therein shall, upon petition of 
one-fourth of the freeholders in any township applying to the trustees of 
said "County Farm-life School" to secure the location of said school therein, 
order an election therein, to be held after thirty days notice at three public 
places in said township, under the law governing State and county elections 
as nearly as may be, and the returns of said elction shall be certified by the 
registrars and pollholders to the board of county commissioners, and the 
same shall be recorded in the records of said county commissioners; at 
which election shall be submitted to the qualified voters of said township the 
question of issuing bonds in a sum not to exceed twenty-five thousand 
dollars, the amount of said bond issue to be set out in the petition for said 
election, and of levying and collecting on all taxable property and polls in 
said township a special tax sufficient to provide for the payment of the 
interest on said township bonds as it accrues and to create a sinking fund 
for the purpose of paying off and discharging said township bonds as they 
become due. At such election, those favoring the levying and collection 
of such a tax for said purpose shall vote a ballot on which shall be written 
or printed the words "For County Farm-life School," and those opposed 



101 

shall vote a ballot on which shall be written or printed the words "Against 
County Farm-life School." If a majority of the qualified voters at said 
election shall vote "For County Farm-life School," then it shall be deemed 
and held that a majority of the qualified voters are in favor of granting to 
the board of county commissioners of said county authority to issue bonds 
in the name of said township in such amount as shall have been named in 
the petition and notice of election, to be sold by said commissioners for the 
purpose of aiding in providing the buildings and farm and other equipment 
for the "County Farm-life School," provided said school shall be located in 
said township; and if said school shall be located in said township, the board 
of county commissioners shall annually levy and cause to be collected, in 
the same manner and at the same time as other taxes of the county are 
levied and collected, a tax on all property and polls in said township, sufficient 
to provide for the payment of interest on said township bonds as it accrues 
and to create a sinking fund for the purpose of paying off and discharging 
said township bonds as they become due; and said board of county com- 
missioners is hereby authorized and empowered to issue and sell said bonds 
of said township to the amount specified in said petition and notice of election, 
of such denomination and of such proportion as said board of county com- 
missioners may deem advisable, bearing interest at a rate not to exceed six 
per centum, with interest coupons attached, payable at the time or times, 
and at the same place or places, and of the same form and tenor, and the 
principal thereof payable or redeemable at the same time or times and at the 
same place or places as the county bonds issued by said board of county 
commissioners for the equipment of said "County Farm-life School." The 
proceeds arising from the sale of said township bonds shall be added to the 
proceeds arising from the sale of said county bonds and expended therewith 
by said board of county commissioners in providing, by purchase or other- 
wise, the equipment in land, buildings and apparatus required in this act 
for the "County Farm-life School": Provided, however, that any two or 
more contiguous townships bidding for the location of said "County Farm-life 
School" may unite and hold an election upon the same terms and conditions 
as are herein provided for one township for the location of the "County 
Farm-life School" at such point in said townships as may be determined by 
the board of trustees of said "County Farm-life School": Provided, that 
the amount of bonds authorized to be issued by one or more townships in 
order to secure the location of the "County Farm-life School" in a given 
township shall be deducted from the amount of bonds authorized to be issued 
by the county, so as to limit the total issue of the bonds for farm, buildings 
and equipment to twenty-five thousand dollars. 

IF ELECTION FAILS IN COUNTY, TOWNSHIP OR CONTIGUOUS TOWNSHIPS MAY PRO- 
VIDE FOR ESTABLISHMENT OF COUNTY FARM-LIFE SCHOOL. 

Sec. 10. In case an election shall be ordered and held in any county as 
herein provided, for the establishment and maintenance of a "County Farm- 
life School" therein, and a majority of the qualified voters at such election 
shall fail to vote "For County Farm-life School" any township in said county, 
or any two or more contiguous townships in said county, shall, upon petition 
of one-fourth of the freeholders therein to the board of county commissioners 
of said county, have an election ordered by said commissioners upon the 
same terms and conditions prescribed in section nine of this act: Provided, 



102 

that a new registration shall be ordered; and if in such election a majority 
of the qualified voters in said township or townships shall vote "For County 
Farm-life School," then, in that event, it shall be deemed and held that the 
board of county commissioners of said county is authorized and empowered 
to issue and sell bonds in the name of said township or townships, in an 
amount not to exceed twenty-five thousand dollars, and to levy and cause 
to be collected in the same manner and at the same time as other taxes of 
the county are levied and collected, a sufficient tax on all property and polls 
in said township or townships to comply with all the conditions named in 
this act for the maintenance and equipment of a "County Farm-life School," 
subject to the same conditions as are herein provided for the issuance and 
sale of county bonds and the levying and collection of a county tax for said 
purpose; and the said "County Farm-life School" shall thereupon be located 
at such point in said township or townships as may be determined by the 
board of trustees of said "County Farm-life School" provided for in this 
act; and such school, when thus established, shall be a "County Farm-life 
School" for said county, and shall be subject to all the rights, privileges 
and obligations and conditions prescribed in this act for "County Farm-life 
Schools," except as herein otherwise provided: Provided further, that at 
any time after the establishment of said "County Farm-life School" by the 
township or townships under the provisions of this section, the county may, 
under the provisions of section seven of this act, hold an election as therein 
provided; and if at said election a majority of the qualified voters of the 
county shall vote "For County Farm-life School," and the tax and bond 
issue provided for in said section seven for the maintenance and equipment 
of a county farm-life school shall be provided, as directed therein, by the 
county commissioners for the entire county, said school, established under 
this section by the township or townships, shall become a county farm-life 
school in all respects like a county farm-life school established under section 
seven hereof; and the bonds of the township or townships and the tax levied 
for the maintenance of said school and for interest and sinking fund on said 
bonds, under this section, shall be assumed by the entire county, as provided 
in section seven hereof, and the bonds of said township or townships shall 
be canceled by substituting therefor the county bonds provided for in section 
seven hereof. 

HIGH SCHOOL DEPARTMENT CONDUCTED IN CONNECTION WITH COUNTY FARM-LIFE 

SCHOOL. 

Sec. 11. There shall be established and maintained in connection with 
each county farm-life school such a high school course of study as is pre- 
scribed under the high school law of the State for first-grade public high 
schools, and for the maintenance of, such high school department of the 
county farm-life school there shall be the same county and State apportion- 
ments as are now made and required for a first-grade public high school 
under the provisions of the public high school law of the State. If an addi- 
tional apportionment for said high school department of said school cannot be 
made out of the State appropriation for public high schools, then the State and 
county appropriations for one or more of the existrng high schools in said 
county shall be transferred to the maintenance and support of said high 
school department of said county farm-life school. If said county farm-life 
school shall be located at the same place with some existing public high 



103 

school in said county established and maintained under the public high school 
law of the State, then said public high school shall be merged into and become 
the high school department of said county farm-life school as an organic part 
thereof; and the appropriations for the maintenance thereof shall be the 
same as the appropriations now required for a first-grade public high school 
under the provisions of the public high school law of the State. The re- 
quirements for teachers in said high school department of the county farm- 
life school shall be the same as are now required for high school teachers 
under the said high school law. Said high school department and course of 
study, however, and the entire management of the same shall be under the 
direction and control of the board of trustees and the principal of the county 
farm-life school, and shall be conducted as an organic part of said school. 

CERTIFICATION OF TEACHERS. 

Sec. 12. No person shall be employed as principal in charge or any 
"County Farm-life School" who does not hold a high school teacher's certifi- 
cate on all required subjects except Latin, Greek, and modern languages, 
including an additional certificate from the State Board of Examiners and 
the president of the North Carolina College of Agriculture and Mechanic 
Arts, stating that he has furnished satisfactory evidence to them of his 
qualifications by special training and practical experience for said position. 
And no person shall be employed in the department of said "County Farm- 
life School" for the special training of girls for home making and house- 
keeping on the farm who does not hold a high school teacher's certificate 
on all required subjects except Latin, Greek, and modern languages, includ- 
ing an additional certificate from the State Board of Examiners and the 
president of the State Normal and Industrial College, stating that such per- 
son has furnished to them satisfactory evidence of qualifications by special 
training and practical experience for said position. 

AGRICULTURAL AND FARM-LIFE EXTENSION AND DEMONSTRATION — SHORT COURSES 
FOR ADULTS, MEN AND WOMEN. 

Sec. 13. It shall be a part of the duty of the faculty of each "County 
Farm-life School" to conduct agricultural farm-life extension and demonstra- 
tion work in said county, in cooperation, as far as possible, with such work 
carried on in said county by the State Department of Agriculture, the North 
Carolina College of Agriculture and Mechanic Arts, and the United States 
Department of Agriculture; to hold township and district meetings in various 
parts of the county from time to time for farmers and farmers' wives; to co- 
operate with the county superintendent of public instruction and with the 
county commissioner of agriculture, where such oflficer exists, in stimulating, 
directing, and supervising practical farm-life work in the public high schools 
and the elementary schools of the county, and in providing instruction, 
through the county teachers' association and through special short courses 
of study at said "County Farm-life School," for the public school teachers 
of said county. There shall be provided in the courses of study of said 
"County Farm-life School" short courses in farm-life studies to which shall 
be admitted adult farmers, men and women; and there shall be held at 
said "County Farm-life School" annually one or more county meetings for 
the farmers and their wives of said county for instruction and demonstration 
work. All of the work herein required and all other work of the "County 



104 

Farm-life School" shall be under the general supervision of the county super- 
intendent of public instruction, and said school shall in all respects be an 
organic part of the county public school system. 

ADMISSION OF STUDENTS FROM OTHER COUNTIES. 

Sec. 14. The board of trustees of the "County Farm-life School" of any 
county is hereby authorized and empowered to admit students ftom other 
counties of the State to said school upon payment of such rate of tuition 
as said board of trustees may fix; but all students who are residents of the 
county in which said school is located shall be admitted to said school without 
charge for tuition, except as provided for in section ten of this act; and 
said board of trustees shall fix all other charges in said school at actual cost. 

TREASURER OF COUNTY FARM-LIFE SCHOOL. 

Sec. 15. The treasurer of said county shall be the treasurer of said 
"County Farm-life School," and shall receive and disburse all funds therefor, 
keeping and rendering annually to the board of trustees of said school a 
separate account of such receipts and disbursements: Provided, that said 
treasurer, if employed^ on salary, shall receive no additional compensation for 
his services; and if employed on commission, he shall receive as compensa- 
tion not to exceed one per cent on all disbursements and nothing on receipts. 
The official bond of said treasurer shall be responsible and held liable for 
all funds coming into his hands for said school to the same extent as it is 
liable for other funds received by him as treasurer of said county. 

the corporate name. 

Sec 16. The board of trustees of the said "County Farm-life School" and 
their successors in office shall be and are hereby constituted a body corporate 
by the name and style of "Tlie Board of Trustees of the County Farm-life 
School of County," and by that name may sue and be sued, con- 
tract and be contracted with, purchase, hold and sell real estate and personal 
property, receive donations by gift or otherwise, and exercise such other 
rights and privileges as are conferred by law upon corporate bodies. The 
title to all lands and other property of the "County Farm-life School" shall 
vest in said board of trustees. 

APPROPRIATION OF STATE FUNDS. 

Sec 17. Upon satisfactory evidence furnished to the State Board of Edu- 
cation that all the provisions of this act for the establishment, maintenance 
and equipment of a "County Farm-life School" have been complied with 
in any county, the said State Board of Education shall order the State Super- 
intendent of Public Instruction to issue a requisition upon the State Auditor 
for the sum of two thousand five hundred dollars annually for the mainte- 
nance of said school, and the State Auditor shall issue his warrant in favor 
of the county treasurer of said county for said amount, which shall be paid 
out of the State Treasury and the money placed to the credit of the "County 
Farm-life School" of said county; and sufficient moneys to pay said warrants 
are hereby appropriated out of any funds in the hands of the State Treas- 
urer not otherwise appropriated: Provided, however, that there shall not 
be established more than ten such schools in any one year, and that not more 
than one such school shall be established in any county. 

Sec. 18. This act shall be in full force and effect from and after its ratifi- 
cation. 

Ratified this the 3d day of March, A. D. 1911. 

1911, c. 84. 



CONSTRUCTIONS 



PUBLIC SCHOOL LAWS 



OF 



NORTH CAROLINA 



BY THE STATE 



SUPERINTENDENT OF PUBLIC INSTRUCTION 



"The County Board of Education and all other school officers in the sev- 
eral counties shall obey the instructions of the State Superintendent and 
accept his constructions of the school law." (Sec. 4090, chapter 89, Revisal 
of 1905.) 



106 



A. 

STATE SUPEEmTE]N DENT'S CONSTRUCTION OF THE COMPULSORY 
ATTENDANCE ACT OF THE GENERAL ASSEMBLY OF 1913. 

A conservative, State wide compulsory attendance law was passed by the 
General Assembly of 1913, requiring attendance for four months continuously 
each year of all children between the ages of eight and twelve years, allow- 
ing reasonable exemptions and providing reasonable penalties and adequate 
but inexpensive machinery for its enforcement. The following amendment 
to this bill was adopted and made section 11 of the act: 

"The board of education of each county shall have power at their regular 
meeting held in July of each year and thereafter at any regular meeting to 
make such rules and regulations as they may deem best to secure the at- 
tendance of all children between the ages of eight and twelve years upon 
schools of the county, and such rules and regulations, when approved by the 
county superintendent of public instruction, and posted at the courthouse 
door and at the door of each public schoolhouse in the county, shall super- 
sede any provision of this act in conflict therewith." 

On account of a natural misconstruction by the press of the State in its 
reports of the meaning and effect of this amendment there is a widespread 
but erroneous opinion that any county board of education can, at its pleasure, 
set aside and practically nullify this act. In my opinion tlie amendment 
does not by any means nullify the act. It is still obligatory upon every 
county to provide for compulsory attendance; in fact, the amendment itself 
states its purpose to be "to secure the attendance of all children between the 
ages of eight and twelve years upon the schools of the county." No county 
board of education, therefore, is authorized to adopt any rules and regula- 
tions different from the provisions of the act that will not secure such at- 
tendance. This amendment, which is made section eleven of the act, must 
be construed with the other sections of the act, so that all may stand to- 
gether if possible, and so as to accomplish its clearly stated purpose of 
securing the attendance of all children between the ages of eight and twelve 
years upon the schools of the county. In my opinion, therefore, it is clearly 
an enabling instead of a disabling section of the act applicable only to the 
machinery for the enforcement of the law for securing compulsory attend- 
ance, allowing discretion in the modification of this machinery so as to meet 
the different conditions in dilTerent counties, but conferring no power upon 
the county board to revoke or annul the general and fundamental provisions 
of the law as set forth in the first four sections thereof, or to defeat the 
purpose of the law as clearly set forth therein and reaflfirmed and erpipha- 
sized in the amendment itself "to secure the attendance of all children be- 
tween the ages of eight and twelve years upon the schools of the county." 

If the purpose and effect of this amendment should be construed to be to 
authorize county boards of education by passing rules and regulations to 
annul a law passed by the General Assembly, and in 'effect to enact another 
law in lieu thereof, then the amendment would cle facto confer legislative 
power upon the county board of education and would therefore be clearly 
unconstitutional. It would seem to be clear that the amendment was in- 



107 

tended not to destroy the law, but to give flexibility to its administration. 
This is my construction of this law. In this construction the Attorney- 
General concurs. Under section 4090 of the Revisal of 1905, all school 
officers in the various counties are required to accept the State Superin- 
tendent's construction of the School Law; therefore, this construction of the 
compulsory attendance law will hold until overruled by the courts of North 
Carolina. 

The purpose of the whole act to secure attendance of all children between 
the ages of eight and twelve yars upon the public schools is so clear, and 
the provisions of the compulsory attendance law are so moderate, reasonable 
and conservative, that I earnestly hope and believe that most of the county 
boards of education will find it unnecessary and undesirable to make any 
material changes in them, and will co-operate heartily in the enforcement of 
the law practically unchanged. 

Section 3 of the omnibus bill for 1915 provides also that any county board 
of education, or any board of trustees of a town or city of more than two 
thousand inhabitants, may in its discretion raise the age limit to thirteen 
or fourteen years. 

1. The State Superintendent has IVo Anthoiity to allow a parent or guar- 
dian to teach a child at home in lieu of sending such child to school tor four 
months in the year according to the compulsory school law. 

Letter to Mrs. Carrie Alexander, September 8, 1913. 

2. County Board of Education has the right to allow attendance officer 
reasonable compensation to cover extra cost of prosecution under compul- 
sory school law. 

Letter to S. J. Beckwith, December 23, 1913. 

3. County Board of Education has no authority to appoint a woman to 
serve as attendance officer. 

Calvert to Joyner, February 3, 1914. 

4. Attendance Officer may serve notices by mail on parents as to the 
absence of children from school. (See amendment compulsory school law 
1915.) 

Letter to Clegg and Clegg, April 12, 1915. 

5. Member of District Committee may be appointed attendance officer. 
Letter to H. W. Early, July 31, 1913. 

6. Refusal of Parent to have child vaccinated in accordance with orders of 
Board of Health does not excuse the withdrawal of the child from school 
during compulsory period. 

Bickett to Joyner, November 25, 1913. 

7. A Pupil May not "work off" the required four months of compulsory 
school attendance at any time except that prescribed by the county board of 
education. 

Letter to P. P. Hall, November 4, 1913. 

8. Where Transportation is proiided for children beyond the two and a 
half mile limit, the compulsory law should be made to apply. 

Letter to Miss Eula Dixon, December 14, 1914. 

9. Attendance under the compulsory law must begin with compulsory 
period nearest eighth birthday of child and last four full terms of four 
months each. If a child becomes twelve years of age during a compulsory 



108 

period, he must continue in school until the end of the compulsory period. 
The law does not recognize attendance for less than four months. 
Letter to W. B. Speas, October 24, 1913. 

10. The expense of transportation of attendance officer cannot be taxed 
as part of costs in suit under compulsory act. Must be provided for under 
section 5 of compulsory law. 

Letter to S. J. Beckwith, December 23, 1913, 

11. Private school teachers must keep such records and make such re- 
ports of attendance of children under their instruction as will furnish satis- 
factory evidence that children of compulsory age are receiving satisfactory 
Instruction and are attending regularly during the compulsory period. 

Letter to .J. C. Scarborough, November 12, 1913. 

I. 
DUTIES AND POWERS OF THE COUNTY BOARD OF EDUCATION. 

1. Failure to Qualify as Member of Board of Education; Vacancy Filled, 
How. — The failure of a member of the county board of education appointed 
by the Legislature to qualify creates a vacancy that must be tilled by the 
State Board of Education. Also, whenever a vacancy occurs in a county 
board of education, on account of resignation, death or otherwise, such 
vacancy shall be filled by the remaining members of the board. If this is not 
done within thirty days after the occurrence of such vacancy, it shall be 
filled by the State Board of Education. 

2. Selecting- a County Superintendent. — The board has no more important 
duty than this, of electing a county superintendent. I beg to urge the ob- 
servance of the following in the selection of a county superintendent: 
(1) Without fear, without prejudice, political or sectarian, having before your 
eyes only the welfare of the children and the success of the public schools, 
select the most competent man to be had for the money, choosing him from 
your county, if such a man is to be found there, and if not to be found in the 
county, seeking him wherever he can be found, as the law permits. (2) If 
your present county superintendent possesses the necessary qualifications 
for a successful administration of his delicate, difficult and important duties, 
as I trust he may, re-elect him and give him a chance to show what is in 
him and to make a greater success of his work, by paying him, if possible, 
a sufficient salary, under section hl'tk, to justify him in giving all his time 
and thought to the work of supervision, and to justify you in requiring him 
to do this. (3) Take advantage of the law and pay your superintendent as 
large a salary as your school fund will justify, but be sure that you get 
more man and more time for more money. The county superintendent' s- 
office is the most important office in the coujity. He need not be a resident 
of the county when elected. If possible, he should be paid large enough 
salary to enable him to devote all his time to his work. 

3. School Term Should he Continuous.^The purpose of section '//iJ is to 
prevent the division of the school term into two, as was so often done for- 
merly, to the detriment of the school. It simply means that the school term 
must not be divided and taught during different seasdns of the year, unless 
some epidemic or other providential cause interferes with the regular term. 
The county board must exercise this control if it icould carry out the pro- 
visions of section 'illG. 



109 

4. County Board and Superintendent May Make Regulations to Secure 
Regular and Prompt Attendance of Pupils and Teacliers. — Under the pro- 
visions of section ^122 the county board and the county superintendent may 
make and enforce such attendance regulations as may be necessary to secure 
regular and prompt attendance on the part of the children. The same au- 
thority may also regulate the attendance of teachers on all meetings which 
may be thought to promote educational progress. 

5. Mandamus Proceedings Against Commissioners Refusing to Levy Tax. — 

When the county board of education has estimated the amount of money 
additional it will take to run the schools of the county four months and has 
requested the county commissioners to levy an additional tax sufficient to 
supply the deficit, the commissioners having no discretion in the matter, are 
compelled to make the additional levy. If they refuse to do so, the board of 
education should bring a mandamus proceeding to compel the county com- 
missioners to levy the tax. (Aug. 16, 1909.) 

6. Expense of County Board in Maintaining Its Authority Authorized. — 

Any reasonable expense, including attorney's fees, incurred by the county 
board of education in maintaining its authority, and in executing the school 
law is authorized by section Jil25. The county board, however, sits as a 
court, and I do not think it would be justified in employing counsel to 
maintain a position taken by one faction in a district against another faction 
of the people. The position of the board is and ought always to be a 
judicial one, but after the board has taken a position upon any question, or 
has made a ruling, then it would be both lawful and proper for it to employ 
necessary counsel to sustain it. (April 2, 1909.) 

7. Lease of School Property by County Board. — The county board of edu- 
cation has no authority to lease a part of the school building to secret order, 
or for other purposes, for a period of time extending beyond its term of 
office. (January 15, 1910.) 

8. School Sites: Power of County Board to Fix, Not Limited. — The power 
of the county board of education to fix a school site in any school district, 
local tax or non-local tax, is not limited. (January 17, 1911.) 

9. County Board May Offer Reward for Arrest.— The county board of edu- 
cation has the authority, under the general provisions outlined in section 
Jil21 of The Revisal, to offer a reasonable reward for the apprehension and 
conviction of the parties who burn a public schoolhouse. (April 12, 1911.) 

10. Member of County Board May be Allowed Compensation for Services as 
Acting Superintendent. — In case of a vacancy in the office of county super- 
intendent, pending a bona fide effort to fill the vacancy, a member of the 
county board acting as county superintendent may receive a compensation 
for this service. (June 27, 1911.) 

11. Retiring Member of Board of Education Has no Voice in Selecting 
Superintendent. — A retiring member of the county board of education whose 
term of office expires on the day the county board is to select a county 
superintendent for the next two years, has no voice in the selection of said 
superintendent. The superintendent should not be chosen until the incoming 
new member of the board has qualified and has taken his place as a member 
of board. (July, 1911.) 

12. The County Board of Education has the right to review the decisions 



110 

of school committees in all cases where controversy arises, and the decision 
of the county board is binding on all parties until reviewed by the courts. 
Bickett to Joyner, March 26, 1913. 

13. Districts May be Abolished or Consolidated by county board of educa- 
tion, but provision must be made for each child of school age to attend 
some school free of tuition. 

Letter to J. H. Boyd, Jr., October 16, 1914. 

14. Children May be Transferred by county board of education from a 
non-local tax district to a local tax district for the regular school term, 
provided the consent of committee in local tax district is given. If such 
children attend longer than the term provided by the county and State taxes, 
however, the local committee have a right to charge a reasonable tuition. 

Letter to J. E. Chatham, October 20, 1914. 

15. Coiintj^ Board of Education Cannot Compel committee in a local tax 
district to admit children from outside the local tax district free of tuition. 

Bickett to Joyner, October 7, 1913. 

16. If School is Closed in a special tax district before all the special tax 
funds are used, the amount remaining must be left in the hands of the local 
committee and be used by them for teachers' salaries at the succeeding term 
or terms of the school. 

Letter to W. G. Cable, January 18, 1915. 

17. The Borrowing of Money by county board of education for the payment 
of teachers' salaries is specifically authorized in section 4164 of school law, 
and the board should exercise the privilege thus granted in securing funds 
for the prompt payment of teachers' salaries if the funds cannot be secured 
otherwise. 

Letter to J. R. Poole, July 31, 1913. 

18. Appropriations for Building's in graded school districts and in cities 
and towns should be made by the county board of education on exactly the 
same basis as for other school districts. The county and the school district 
are the only school units recognized under the law and the fact that a dis- 
trict has a special charter should not operate to exclude that district from 
an equitable share in the county building fund. 

Calvert to Joyner, February 21, 1913. 

19. (fl) Public School Funds may not be appropriated by county board of 
education for special privileges at a private library. (See section 4116.) 

Letter to T. R. Foust, January 15, 1915. 

(&) Public School Funds may not be appropriated by county board of 
education for carrying on tomato club work or other similar work. 
Letter to W. B. Speas, December 19, 1914. 

(c) Public School Funds may not be used for employing health officer 
until six months term is reached in every district. 

Letter to B. T. McBryde, June 23, 1913. 

(d) Public School Funds may not be used to purchase automobile for use 
of county superintendent. 

Letter to W. W. Watt, June 14, 1913. 



Ill 



II. 

THE COUNTY SUPERINTENDENT. 

1. Office Expenses for County Superintendent: County Board Must Pro- 
vide for. — Section -'/l-^^ of the Public School Law requires the county board 
of education to provide the county superintendent with an office at the 
county seat. I do not think there can be any doubt as to the meaning of 
these words. Evidently an office without heat would be an unheard-of 
thing; therefore I am sure that fuel should be included, also necessary fur- 
niture and office supplies. 

2. Weekly and Monthly Reports. — The law fully authorizes the county su- 
perintendent to require such reports from teachers in charge of public schools 
as to him seem advisable. Voucher for teacher's salary should not be ap- 
proved at the end of the month till the monthly report has been received. 
The same rule should be adopted with reference to final reports. 

3. May a County Superintendent Teach? — For good and sufficient reasons, 
a county superintendent will be permitted to teach during the year, provided 
satisfactory arrangements be made for visiting the schools while in session 
and otherwise obeying the law. Whatsoever arrangements are made should 
be submitted to the State Superintendent and the State Board of Education 
for approval. But it is best, wherever possible, for the superintendent to 
give his undivided time to the supervision of the schools in his county. 

4. The Professional Qualifications for County Superintendent made by 
section 4135, so far as they refer to experience, mean actual teaching or 
actual supervision of schools. The chairman of the county board of educa- 
tion could not be considered as a supervisor of schools within the meaning 
of this act. 

Letter to C. A. Cochran, November 23, 1914. 



III. 
DUTIES AND POWERS OF SCHOOL COMMITTEEMEN AND TRUSTEES, 

1. Removal of Committeemen from Office. — Under section f/2f) of the 
Public School Law, the county superintendent, when charges are made 
against committeemen, should report such charges to the county board of 
education, which board should then formulate the charges and give in writ- 
ing at least ten days notice to the committeemen, of the charges preferred 
against them. This notice should be served by the proper officer, as directed 
by section 4^27 of the Public School Law, unless the committeemen accept 
service in a different manner. The county board should appoint a day for 
the hearing of the charges and thoroughly investigate them, giving the 
accused committeemen an opportunity to be heard and to offer evidence. 
After such hearing, the board should decide whether the committeemen 
should be removed or not. A complete record of the entire proceedings 
should be entered on the minutes of the board. 

2. Trusteeship an Office of Trust. — Under the language of the Constitution 
and the decisions of our courts, I am constrained to believe that a trustee 
or committeeman of a school should be regarded as holding an office of 
trust. (May 3, 1909.) Under section 1 of chapter 170 of the Laws of 1913, 



112 

Women on School Boards, these positions are declared to be places of profit 
or trust and not offices in this State. 

3. Ketiring Trustees Haye no Voice in Clioosing Their Successors. — In the 

election of new members of a board of trustees of a graded school, the 
retiring members should have no voice in the election of their successors. 
(May 18, 1909.) 

4. Toucher for More Money Than is to the Credit of tlie District. — The law 
forbids the signing of a teacher's voucher for more money than the district 
has to its credit. Section 'iloO. 

5. Trustee or Committeeman Can Not Hold Other Public Office. — "A public 
ofl^ce is an agency for the gtate, and the person whose duty it is to perform 
the agency is a public officer." The first question asked is. Can a party who 
is school trustee and committeeman, without pay or profit, hold, at the 
same time, the position of county commissioner? I do not think so. 

In the case of Barnhill v. Thompson, 122 N. C, 493, it is held that the 
board of county commissioners and the county board of education each con- 
stitute an office and what is said there in regard to the county board of 
education, I think, applies with equal force to school trustees or school com- 
mitteemen. The fact that no salary was received in one of the places makes 
no difference. Welker v. Bledsoe, 68 N. C, 457. 

Second: Can one person be, at the same time, clerk of the Superior Court 
and a member of a school committee? I do not think he can. A clerk of 
the court is clearly an officer within the meaning of the Constitution, Article 
XIV, section 7. See White v. Murray, 126 N. C, 156. 

Third: Can a man hold, at the same time, the position of school commit- 
teeman and be a trustee for the Institution for the Feeble-minded? I think 
these positions are incompatible. In the case of Welker v. Bledsoe, supra, 
Chief Justice Pearson says: "The duty of acting for and in behalf of the 
State constitutes an office. According to this principle, the trustees of the 
University, the directors of the Penitentiary, of the lunatic asylum, and of 
the Institution for the Deaf, Dumb and Blind are public officers. This is put 
beyond doubt by the Constitution, Article XIV, section 7." (April 18, 1911.) 

6. Pupils May Not be Debarred from public schools by committee on ac- 
count of previous immoral conduct: Provided the conduct of such pupils 
at present is not such as to be detrimental to other pupils. 

Letter to J. M. Newbern, September 18, 1913, and letter to E. C. Byerly, 
December 19, 1914. 

7. Committee May Dismiss Teacher who has tuberculosis or other disease 
which might be damaging to pupils. 

Letter to J. R. Taylor, December 26, 1913. 

8. Committeemen Cannot Contract with Teacher for a longer term than 
the public money will provide; and any contract made for a longer term 
than can be provided by the public money of the district is not binding on 
the committee. 

Letter to S. E. Edwards, January 7, 1914. 

9. The Office of School Committeeman cannot be filled by a man acting as 
county commissioner. 

Letter to E. T. Atkinson, July 17, 1914. 



113 

IV. 
DUTIES, PRIVILEGES AND QUALIFICATIONS OF TEACHERS. 

1. College Diploma No Exemption from Examination. — Section J/UiS of the 
Public School Law abolishes all exemptions from examination heretofore 
conferred by certain diplomas. Every applicant for certificate must be 
examined by the county superintendent and hold a certificate from him or 
from the State Superintendent (State Board of Examiners) before contract- 
ing to teach in any public school. 

2. Road Duty: Teacher Not Exempt— Under section 2725 of The Revisal 
of 1905, no one of road age is now exempt from the provisions of the road 
law, except by special statute of the General Assembly or by special action 
of the road supervisors. 

3. Compensation for Substitute Teacher. — The question of allowing com- 
pensation for a substitute teacher during the illness of the regular teacher 
is one that appeals to the sense of justice. If the compensation is allowed, 
order for the same would have to be made in behalf of the regular teacher, 
M^ho would then pay the substitute teacher himself. The committee would 
have no legal right to sign a voucher for the payment of the salary of any 
teacher who did not hold a teacher's certificate. Of course, the substitute 
teacher should be acce-ptable to the committee. 

4. Teacher Has Right to Make and to Enforce Rules for Discipline in 
Schools. — A teacher in a county school has the right to make and enforce 
reasonable rules for the maintenance of such discipline as may seem proper 
to the teacher. Appeal from these rules may be made to the county board of 
education, who, for sufficient cause, may rescind the rules. 

5. Teachers' Rights Over Pupils on Way to and from School. — The teacher 
has a right to make reasonable rules governing the conduct of pupils on the 
way to and from school and to enforce same. (April 2, 1912.) 

6. Military Drill in Public Schools. — Under section 4^66 of the School Law 
the principal of a private military school contracted with by a committee to 
teach a public school in connection with such school has the right to make 
and enforce such reasonable rules as may be necessary to maintain good 
order and discipline. When a committee contracts with the principal of a 
private military school it must know that military drill is a rule of that 
school. If such drill is deemed necessary for the maintenance of good order 
and discipline in the school and for the benefit of the pupils, by cultivating 
habits of punctuality, neatness, etc., and is required during the hours of the 
school day, in my opinion, the principal has the right to require it of all 
the pupils, unless when the committee entered into the contract with the 
teacher of said private military school it was specifically stated in the con- 
tract that military drill would not be a part of the discipline. The action of 
the principal in dismissing pupils for violation of the regulation as to mili- 
tary drill is reviewable by the county board of education, under section 4^25 
of the School Law. Such action on the part of the principal may be reversed 
by said board under the law. 

7. Contract with Teacher Rinding; When Not.— Contract with teacher is 
binding in case schoolhouse burns and can be easily substituted for by 
renting or otherwise. But if suitable place to teach cannot be secured, 
committee is not bound. (June 9, 1911.) 

8— Public School Law 



114 

8. Salary of Second Grade Teacher Cannot Exceed $35.— Committee in 
special tax district is not autliorized to employ second grade teacher for 
more than $35. (July, 1912.) 

9. Thanksg-iving Day a Leg-al Holiday. — Thanksgiving Day is a legal holi- 
day and should be counted as a day in the school month. It would be both 
unlawful and impious to charge up the Day of Thanks against the teachers 
of the State. (December 4, 1909.) 

10. What Constitutes a School Day? — I presume that in construing the law 
fixing a school day at not less than six hours nor more than seven hours the 
committee would have to use the same common sense that they would use 
in other business. A literal construction of the law would, I presume, re- 
quire at least six hours of school work. A reasonable construction would 
probably allow short recesses to be taken out of this time, as the teacher is 
compelled to remain and have supervision of the children during recesses. 
If the amount of time taken for recess is excessive, of course, it should not 
be included in the six hours. You can easily understand how, if the teacher 
was allowed to count all recesses and to give as much time for recesses as 
he chose, the number of hours of work might be too greatly reduced. 
Whether the law ought to be construed to require six hours of actual school 
work would depend, I think, to some extent, upon the season of the year and 
the distance that the children living farthest from the school had to walk. 
For example, in many places it would be difficult in the winter to begin 
earlier than 9 a. m., or to close later than 4 p. m. This would give six hours 
of work, with an intermission of an hour for dinner, but would not include 
any short recesses between times, which are usually desirable, and which, 
I think, ought to be included in the six hours. 

The trustees of a school, operated under special charter may, in conjunc- 
tion with teachers, make such regulations as they deem wise. 

11. Criminal Charges Against Teachers. — The committee should refuse to 
sign the voucher of a teacher who falsified in his report as to the number 
of days he taught, and should report the facts to the county board of educa- 
tion, giving their reasons for refusing to sign. Then, under section ^^.?7', 
the county board of education could investigate the matter, after written 
notice of ten days as therein provided, and, if the charges be sustained, 
could debar the teacher from teaching and cancel his certificate. 

12. Teacher Cannot Expect Reimbursement from Scltool Fund for Stolen 
Property: Cannot Sue Board for Such Loss. — School authorities should not 
be held responsible for personal property of teacher while in the employ of 
school, even if property is stolen from public schoolhouse. Trustees can 
make allowance to teacher for such stolen property if they think proper, but 
the school fund is not liable in damages for amount by suit. The county 
board of education is a corporation conducting part of the functions of the 
State government, and suit cannot be brought against it in the absence of a 
statute so providing. (July 3, 1911.) 

13. High School Principal Cannot Serve as Member of County Board. — 
Under section ^iH^, a principal of a public high school cannot serve as a 
member of the county board of education. (July 3, 1912.) 

14. (a) Teacher May Require pupil to study subjects prescribed by law, 
and if parent objects to the child's taking the prescribed course the teacher 
may dismiss pupil from school. 

Letter to C. B. Woltz, November 13, 1912. 



115 

(&) Teacher May Require children to sweep the school room and perform 
other similar duties where there are no funds provided for janitor service. 
Letter to H. M. Ghormley, September 20, 1913. 



RIGHTS AND OBLIGATIONS OF PATRONS AND PUPILS. 

1. Rights of Bona Fide Citizens to Patronize Scliool. — Any person, moving 
into a graded school district and becoming a hona fide citizen, has a consti- 
tutional right to send his children of school age to the public graded school 
of such district without paying tuition, from the time that he becomes a 
bona fide citizen of that district. 

2. Bona Fide Residents Entitled to School Facilities. — When a person 
moves to a town for the purpose of making his home there, he at once be- 
comes a hona fide resident, and therefore has a right to send his children to 
the local public school. But, on the other hand, if he moves to town just for 
a few months in order to get the benefit of the graded school then he should 
not be regarded as a resident, and therefore would not be entitled to send his 
children to the graded school without the payment of tuition. I am of the 
opinion that an order made by the school board that for one to be entitled 
to send his children to- school he must have been a bona fide resident of the 
town or district for twelve months, is an ultra vires act on the part of the 
authorities. This would be in violation of the Constitution providing that 
all children have an opportunity to go to school four months each year. 

. (January 8, 1910.) 

3. Patrons of School District Defined. — The patrons of a public school 
district are those living in the district who have children or stand in loco 
parentis to children within the school age. (August 5, 1909.) 

4. Admission of Pupils Cannot be Refused Because of Overcrowded Condi- 
tions. — Graded school trustees or committees have no legal right to refuse, 
for the reason that the grades are overcrowded, to admit pupils who are of 
school age and residents of the district. (January 22, 1910.) 

5. Pupils Over Twenty-one Years of Age 3Iay Attend Scliool Upon Pay- 
ment of Tuition. — Section 'iJot of the Public School Law says that tuition in 
the public schools shall be free to all children between the ages of six and 
twenty-one, and also gives authority to the school committee to admit pay 
students over twenty-one years of age. The tuition charges for such pupils 
must be fixed by the committee and the proceeds turned over to the county 
treasurer, to be used as a part of the public school funds of the district. 
(April 16, 1906.) 

6. Children of Orphanage Have no Legal Right to Attend Public School 
Free of Tuition. — Question: Whether or not the children of an orphanage 
located within the corporate limits of a town have a legal right to attend 
the public school of the district without tuition. They have not. (January 
19, 1911.) 

7. Children of Orphanage Should Not Be Included in Census.— Children 
who are inmates of an orphanage situated within the borders of a graded 
school district should not be included in the census of pupils who may be 
expected to attend said graded schools. (July 2, 1912.) 

8. Public Schools for Indians, County Board Must Provide.— It is the duty 



116 

of the county board of education to provide public school facilities for the 
Indian children of the county in which such children may reside. The 
Indian children should be treated as white and negro children in the appor- 
tionment of the school funds of the county, and separate schools, under the 
law, must be provided for them. 

9. A Pupil is Not Exempt from road duty if he is a resident of the district. 
If a nonresident, he is exempt. 

Letter to S. E. Leonard, November 12, 1913. 

10. Pupils May Not Be Eequired by teacher to make up work on Saturdays 
which was missed on regular school days. 

Letter to I. M. Bailey, October 26, 1914. 

11. Hig-h School Students from outside the county should be charged 
reasonable tuition rates for attendance upon State high school. 

Letter to W. H. Crawford, September 10, 1914. 

Tl. 

SCHOOL DISTRICTS AND DISTRICT FUNDS. 

(a) Regular. 

(b) Special Tax Districts. 

(c) City and Graded School Districts Under Special Charter. 

(a) 

1. Fixing Boundaries of Districts Left to Discretion of County Board. — 

County board of education has authority, under section ^129, to divide the 
townships and the county into convenient school districts. The formation 
and consolidation of districts are placed in the discretion of this board. The 
Attorney-General advises me that in the case of Howell t. Howell, in Hay- 
wood County, the Supreme Court of North Carolina holds that the laying off 
of school districts and the fixing of their boundaries is in the discretion of 
the county board of education and no appeal therefrom lies to the courts. It 
is, of course, however, a discretion that should not be exercised arbitrarily, 
and I feel sure that the county board of education will, as directed in section 
■^{129, always consult the convenience and necessities of the people in fixing 
the boundaries and the districts, and will give a full hearing to both sides 
before determining the matter. (June 6, 1910.) 

2. Three-mile Limit: When It Does Not Apply. — The three-mile limit does 
not apply to new and old houses in consolidated district, when old houses 
are to be abandoned. (June 6, 1911.) 

3. Change in County Lines Does Not Interfere with Unused Previous Ap- 
portionments. — Last year the Board of Education of Cumberland County 
apportioned to Montrose School District, No. 2, funds sufficient to carry on 
a four months school. It seems that there was no building in this District 
No. 2, and that certain patrons of the school agreed to furnish a house in 
which the school could be carried on. There was some delay, but the build- 
ing has been completed at an expense of some four or five hundred dollars. 

The question has now arisen as to whether or not the money set apart 
to this school should be used for conducting it, inasmuch as the district will 
be in the territory cut off from Cumberland to make a part of Hoke County. 

Upon the facts stated I am clearly of the opinion that the children in this 
district No. 2, are entitled to the money set apart by the Board of Educa- 



117 

tion for their use and benefit. The children of that district are entitled to 
their own, independent of the shifting of county lines. (March 10, 1911.) 

(b) 

4. Boundaries of Local Tax Districts, How Clianged. — County board of 
education has no authority to take territory from a local tax district formed 
by special charter and transfer to another local tax district. It can change 
boundary lines between local tax districts formed under section ^iHo, but 
not between one formed under that section and another formed by special 
act. (September 12, 1911.) 

5. Boundaries of Local Tax Disti'icts Cannot be Changed so as to Reduce 
District After Election is Called. — After an election for a local tax has been 
duly called, the county board of education has no authority to reduce the 
size of the district by making changes in the notices already posted, cutting 
out certain territory. If the election is regularly called and regularly held, 
the tax should be levied on the original district. (December 18, 1911.) 

6. Contig-uoiis Territory Defined. — "Contiguous territory" in section ^115 
refers to territory adjoining, but not lying within, a special tax district. 
(September 12, 1911.) 

7. Special Tax District: Commissioners Cannot Levy More Tlian Maxi- 
mum Bate; Cannot Reduce Amount to be Voted on After Notice of Election. 

The commissioners of a county can never levy more than the maximum 
amount of taxes voted for by the people in a special tax district. But if the 
maximum amount should be found to be more than the district required, 
then, upon recommendation of the county board of education, it would be 
lawful for the commissioners to levy less than the maximum amount voted 
for. As to the question of reducing the amount of taxes to be voted on 
after the call and notice of election, I beg to advise that such a reduction 
would be equivalent to ordering a new election, and the same notice would 
have to be given after the reduction as if no notice had been issued at all. 
(April 23, 1910.) 

8. Taxation in Local Tax Districts, Commissioners Cannot Cliang-e Rate of. 

The board of county commissioners cannot legally change the rate of taxa- 
tion in a special tax district after the tax has been duly voted according to 
law, in cases where the order for the election specifies the rate and due 
publication of the notice has been given. (February 1, 1909.) 

9. Tax List in Special District, Expense of Making Borne by County 
Commissioners. — Under section '{115 it is the duty of the county commis- 
sioners to pay all expenses incident to levying and collecting the tax in a 
special district. (November 23, 1909.) 

10. Control of Special Tax Funds in Hands of Committee.— After the 
establishment of a special tax district and the appointment of the committee 
for that district, the employment of the teacher and the control of the 
special tax fund is vested in the committee of the district. 

11. Township High School Tax^-Under section 'iHS of the Public School 
Law a township high school tax can be voted, irrespective of the boundaries 
of any special tax districts that may be included within the township boun- 
daries. 



118 

12. A Part of Local Tax Fund for High Schools.— A part of the local tax 
fund raised under section 'tllo may be specitically set apart for high school 
instruction, after sufficient reservation has been made for the elementary 
grades, although the tax may not have been voted particularly for high 
school purposes. 

(c) 

13. Special Tax District: One Town Cannot Invade Corporate Limits of 
Another Town in Establishing.— Section -'iHo does not authorize one town to 
invade the corporate limits of another town for the purpose of establishing 
a special school tax district. 

Section Hl-'i provides for the support of schools in towns and cities by 
special taxes, and section 'iHo covers the county outside of the incorporated 
towns. 

I think that under section iilo a district can be established containing all 
the territory within the corporate limits of a town and also include some 
outlying territory, but I do not think that the corporate limits of another 
town can be invaded. (March 20, 1911.) 

14. Act of Legislature Reducing Size of District is Constitutional. — In 
1907 the Legislature incorporated a school district in a certain county in 
North Carolina, including a great deal of territory in the district, and sub- 
mitted to the people within said district, upon election held under said act, 
the question as to whether or not they would issue twenty thousand dollars 
in bonds for the purpose of erecting a school building and carrying on a 
school in said district. Certain parties who are on the outer limits of said 
district are not requesting that an act be passed by the General Assembly 
taking them out of the district and relieving them of the special tax. The 
question you wish passed upon is, Would an act of the kind be constitu- 
tional? It seems to be well settled that an act passed by the Legislature 
cutting away part of a school district, whether said district is in debt or 
not would be constitutional. (February 14 1911.) 

1.5. Compensation for Disbursement of City School Fund. — Section 2128 of 
The Revisal of 1905 authorizes the county board of education to fix the 
compensation of the treasurer at such sum as it may see fit, provided the 
amount does not exceed two per cent on disbursements. If the special tax is 
paid to him, and then paid by him to the local treasurer, he might have a 
technical right to claim his commissions upon the amount as a disburse- 
ment, though I have always advised that a disbursement of this sort in a 
lump sum was not such a disbursement as was contemplated by the section 
named, as it was largely a matter of form, without trouble to the treasurer, 
and that therefore the county board of education should regulate the com- 
mission upon it, and either allow the treasurer no commission upon that 
sum or else allow him a very much smaller commission than was al- 
lowed upon other disbursements, the local treasurer receiving the larger 
part of the commission for disbursement, as he was compelled to have 
all the trouble in disbursing it in small amounts and keeping the books and 
accounts. In a word, the matter should be regulated by agreement between 
the local board of trustees and the county board of education. There cer- 
tainly should not be double commissions allowed on the same school fund — 
one to the county treasurer and the other to the local treasurer. The com- 
missions on both certainly should not exceed the maximum fixed by the 
statute, and, if necessary, it should be divided between them in proportion 



119 

to the trouble and responsibility of each. In case an equitable agreement 
cannot be reached, then I would advise an amendment to your school bill, 
directing the special tax to be paid directly to your local treasurer, who is 
under bond, v/ithout passing through the hands of the county treasurer. 
The matter is regulated in this way in a number of special school acts of 
towns and cities. 

16. Reports from City Schools. — Section 'ildo of the Public School Law 
requires full reports of city schools to the State Superintendent, also to 
the county superintendent, in such form and at such time as may be directed 
by these officers. No school operating under special charter that is sup- 
ported wholly or in part by public funds has a right to refuse to make these 
reports and expect to continue to receive its proper share of public school 
money. 

VII. 

BRANCHES TO BE TAUGHT AND TEXT-BOOKS. 

1. When High School Subjects May be Taught. — High school branches 
cannot be taught in schools having only one teacher, and may be taught in 
schools having more than one teacher only after adequate provisions have 
hrst been made'for the thorough teaching of the elementary branches men- 
tioned in section -^087, 

If high school work is attempted, it must be free to all children in the 
district. 

Letter to J. M. Eley, December 3, 1914. 

2. Bible as Text-book in Public Schools. — Not prescribed in section -'lOSY 
of the Public School Law. Not advisable to attempt to use it as a text-book 
on account of denominationalism. Proper to use it for devotional exercises 
(September 7, 1906.) 

3. Text-books, When Exchangeable. — An exchangeable book is incapable 
cf exact definition, but there ought to be no difficulty in determining whether 
or not the book is in such condition as to be usable. The fact that a book 
has its back torn off, or a leaf missing here and there, would not prevent 
the book from being exchangeable. The book must be in such condition that, 
if there had been no change, it could have been used by the child in the 
public schools. (December 4, 1911.) 

VIII. 
LOANS AND LIBRARIES. 

1. Loans, to Whom; Installments, How Paid. — Loans for building school- 
houses are made by the State directly to the county board of education for 
specified districts. The annual installments are paid in one sum to the 
State Treasurer. The county board is authorized by law to deduct the 
annual installments from the apportionments made to districts that have 
received loans. The board could, of course, if it saw fit, allow for these 
installments by making additional apportionments to the districts or by 
making apportionments out of the building fund to those districts each year. 

2. Additional Apportionment by County Board to 3Ieet Interest and Install- 
ment on Loan. — The coun^ty board of education may make an additional 



120 

apportionment out of its building fund to assist a district in paying the 
interest and installment of its loan made in accordance with section 4056. 

3. County Appropriations for Libraries. — The State appropriation for rural 
libraries is limited to five thousand dollars for two years. The number of 
new libraries to the county for which this fund is available before November 
30th of any biennial period is six. There is no authority in the law for the 
county board to appropriate any money for rural libraries, except the spe- 
cific authority conferred by the rural library act, and this is conditioned 
always upon the raising of ten dollars by the community and the appro- 
priation of ten dollars by the State. The same law, therefore, that limits 
the number of libraries for which appropriation may be made by the State 
also limits the number for which appropriation may be made by the county 
during the two-year period. I am of the opinion, therefore, that the county 
board has no legal authority to make an appropriation for more than six 
original rural libraries during the two-year period ending November 30th. 

(See sec. 1, subsec. d, Laws 1915.) 

IX. 
SCHOOL FODS. 

(a) General (Inchiding Fines, Forfeitures, and Penalties.) 

(b) Special Tax. 

(c) City Schools Under Special Charter. 

(a) 

1. County Board Has Xo Power to Designate Bank at Which Treasurer 
ShaU Deposit School Funds. — The Treasurer and the sureties on his bond 
are responsible for the safe-keeping of the school fund. Being liable on his 
bond for the safety of the fund, it is p^roper that the treasurer should have 
the power to determine where, and in what manner, the fund shall be kept. 
The county board of education has no power, therefore, to designate the 
bank in which the school fund shall be kept. (July 3, 1912.) 

2. Special Poll Tax for Other Than School Purposes. — The county school 
fund is not entitled to any part of a poll tax levied by the Legislature for 
special county purposes other than for schools. 

3. Fines, Forfeitures and Penalties Must be Recorded and Reported. — All 
fines, forfeitures and penalties must be recorded and reported as required 
by section 5, Article IX, of the State Constitution. Policemen or other 
officers cannot legally accept fines and make compromises without judg- 
ment. 

4. Fines, Forfeitures, Etc., Cannot be Remitted. — The county board of 
education cannot remit by compromise any portion of fines, forfeitures and 
penalties due the county school fund and diverted by towns and cities. 

5. Fines, Etc., Imposed in Mayor's Court Must go to County School Fund. — 
All fines, etc., imposed in mayor's courts of towns and cities must be prop- 
erly reported and paid over to the county school fund, and failure to do so 
is a misdemeanor. Evasions are illegal. 

6. Fines Imposed by Recorder's Court Must go to County School Fund. — 
P^ines imposed by a recorder's court must go to the general county school 
fund and not to the graded school fund of the town in which the recorder's 
court cits. (May 14, 1909.) 



121 

7. Fines Cannot be Keniitted by Another JudgCo — Fines imposed by a 
judge cannot be remitted by another judge. (August 29, 1910.) 

8. All Fines, Forfeitures and Penalties recovered in city or recorder's 
court in any criminal action are payable to general school fund of county; 
for all warrants issued in such cases are issued in the name of the State. 
(See section 3072 Revisal 1905.) City, however, may sue in civil action in 
name of city. Any judgment rendered under such civil action is merely a 
debt and the person against whom such judgment is rendered cannot be 
arrested for nonpayment. 

Bickett to Joyner, February 23, 1914. 

9. Stills, Sale of Materials Taken From, Regarded as Forfeiture. — The sale 
of materials from stills taken in the enforcement of the prohibition law is 
considered forfeiture, and the proceeds therefrom should be turned over 
to the county school fund. (July 6, 1912.) 

10. City Schools are Entitled to Equitable Part of Building Fund. — The 
city schools are entitled to their equitable part of the building fund. They 
pay their part of it and in the apportionment of the building fund, just as 
in the apportionment of the other part of the school fund, they are entitled 
to be treated exactly like any other public school district of the county. 
The fact that these districts are operated under a special charter does not 
prevent them from being public school districts entitled to all the rights 
and privileges of other school districts in the distribution of the common 
public school fund, including the building fund. The fact that they issue 
bonds and levy taxes for better buildings and equipment ought to entitle 
them to more consideration instead of less, by the county board of educa- 
tion, in the distribution of the county building fund, and certainly ought not 
to cause them to be discriminated against by excluding them from sharing 
in that fund which they helped to pay, because they are willing to assume an 
additional burden of taxation to get better houses and equipment than the 
county and the regular school district can afford to provide. They should 
be encouraged rather than discouraged in such commendable efforts. The 
determination of the'ir equitable share of building fund, according to their 
needs for building and equipment, is of course in the discretion of the 
county board of education. I simply suggest the following as an aid in 
arriving at an equitable determination of this: If the town or city has not 
provided houses and equipment out of its own funds by special taxation or 
bond issue the county board of education would be compelled to provide 
houses and equipment sufficient for the accommodation of the children of 
the district as a public school district. Estimate what it would have cost the 
board to make such provision on the basis of buildings and equipment of 
about an equal grade of those provided for other public school districts by 
the county board and then estimate the proportion of the cost thereof that 
the board would equitably allow from the county building fund upon the 
same basis as it apportions the cost of buildings and equipment between 
the county building fund and the district building fund in other regular 
public school districts of the county. Upon this equitable basis the board 
could make a lump allowance from the building fund to the town or city 
district or divide it into several years, allowing so much each year for two, 
three or four years. 

Where a graded or other special school district has been established in 
a city or town, it is the duty of the county board of education to include in 



122 

the distribution of the fund reserved for building and repairing school- 
houses in the county allowed by the statute, such just and equitable part 
thereof as is required for such purposes within the graded or special school 
district established in the city. (163 N, C, 405.) 

11. County is :\ot Required by Article IX, section 5, of Constitution of 
North Carolina to pay school fund amount of tine imposed when fine is 
worked out on roads or served out in jail. 

Calvert to Joyner, January 15, 1914. 

12. State Equalizing Fund can be used only for teachers in elementary de- 
partments. No apportionment from the State Equalizing Fund can be made 
to high school teachers until after a full six months school term shall have 
been provided in the seven elementary grades. 

Bickett to Joyner, July 22, 1913. 

13. Total State and County Poll Tax cannot exceed two dollars. Not 
more than one-fourth of this amount can be used for maintenance of the 
poor. At least three-fourths must be appropriated to the public schools. 
If so much as one-fourth is not used for the maintenance of the poor the 
balance, whatever it may be, must be turned over to the public school fund. 

Letter to E. T. Atkinson, January 3, 1913. 

X. 

SPECIAL TAX ELECTIONS. 

1. Special Tax Elections Held Within Less Than Thirty Days of Another 
Election.— After consultation with the Attorney-General, I am of the opinion 
that the provision in the general election law forbidding the holding of elec- 
tions within thirty days of another election does not apply to special tax 
elections held under section l^o of the Public School Law, which provides 
that such elections may be held after thirty days notice, and that there is 
no recent decision of the Supreme Court touching the matter, so far as we 
have any information. 

2. Sundays Counted in Twenty Days for Keeping Registration Books Open. 
In counting the twenty days preceding an election for local tax, during which 
the registration books must be kept open as provided by section 4'^2S of 
The Revisal, Sundays must be included. (June 9, 1909.) 

3. Qualified Voters: Number Determined by Old Registration Books. — The 
board of county commissioners should use the old registration books as a 
basis for determining whether or not the requisite number of qualified voters 
have signed a petition for the repeal of a special tax. Either party to a con- 
troversy, however, would have a right to show that some who are now 
registered have left the district and that other qualified voters have come into 
the district and become qualified. 

4. Ordering Local Tax Election: County Board of Education Has Discre- 
tion; County Commissioners Have Not. — The approval of a petition for a 
local tax district lies wholly in the discretion of the county board of educa- 
tion and may not be compelled, but upon a petition of one-fourth of the free- 
holders endorsed by the county board of education, t*he county commissioners 
have no discretion, but must order and hold the election as provided in sec- 
tion 'i323 of The Revisal. (July 1, 1909.) 



123 

5. Taxation in Local Tax District, Anthority of Commissioners to Fix Rate 

of. — If special tax election was called under the general provisions of section 
Jjllo, without specifying in the petition, order or notice the amount to be 
voted, levied, and collected, the county board of commissioners can levy and 
collect a less amount than the maximum fixed in this section but only upon 
recommendation of the committee of the district approved by the county 
board of education. (June 1, 1911.) 

6. How Special Tax May Be Repealed.— An amendment to section 'i115 by 
the General Assembly of 1909 provides a way by which a special tax may 
be repealed without special legislative enactment. An election for this pur- 
pose may be called by the board of county commissioners, upon approval 
by the county board of education of a petition signed by two-thirds (1911) 
of the qualified voters residing in the special tax district. Such election can 
not be held within less than two years from the date of the election at which 
the tax was voted, nor within two years of any previous election for voting 
off the tax. 

7. Persons Not Allowed to Yote Who Moved Into District Within Four 
3Ionths Preceding" Election.— Persons may not be allowed to vote at a special 
school election who have moved into the district from another part of the 
same township within four months preceding the date of election. Section 
■'iS16 of Tlie Revisal of 1905 provided that, to be entitled to vote, a person 
shall have resided four months in the precinct, ward or election district in 
which he offers to vote next preceding the election. (March, 1913.) 

8. Boundaries of a Special Tax District may not be enlarged by the Legis- 
lature unless an election is provided for in the territory which has not voted 
upon the question of a special tax levy. 

Letter to Hoy Taylor, February 13, 1915. 

9. To Vote in a Special Tax Election which is held prior to May first a 
man must have paid his poll tax for the preceding fiscal year. That is to 
say no man can vote in a special tax election which is held between Janu- 
ary first and May first unless he could have voted any time after May first 
of the preceding calendar year. 

Bickett to Joyner, March 19, 1915. 

10. Where a Two Dollar Poll Tax has already been levied for general 
State and county purposes, there can be levied, by a vote of the people, a 
special tax upon property in any given district without the corresponding 
tax on the poll. 

Bickett to Joyner, March 19, 1914. 

11. The Term "Freeholder" does not include women, infants and non- 
residents. 

Calvert to Joyner, January 29, 1914. 

12. Taxes Must be Levied Equally on all residents living within the con- 
fines of a special tax district without respect to race. 

Letter to A. W. Daughtry, March 25, 1914. 

13. Contiguous Territory may be added to a special tax district by vote of 
the people in the territory to be annexed. 

Letter to J. H. Boyd, Jr., October 16, 1914. 

14. The School Fund is not liable for any part of the expense of listing 
the taxes in special tax districts. Special tax funds, however, levied and 



124 

collected under section 4115, are liable for commissions of all legally com- 
missioned officers who collect and disburse such funds. 

Letter to A. S. Barnes, March 11, 1915. 

15. No Petition to Revoke a special tax should be approved by a county 
board of education so long as there is any debt on the building in such dis- 
trict caused by the borrowing of money from the county or the State over 
and above that to which the district was rightfully due from general 
building fund. 

Bickett to Joyner, April 30, 1914. 

XI. 
SCHOOL PROPERTY. 

(a) General — Title to and Control of 

(b) Houses and Lands. 

(a) 

1. Title to School Property in District Created by Legislature Remains in 
County Board.^ — The title to the public school property that may be in a 
district, when created by legislative enactment, which gives authority to a 
local school board to manage the school affairs of the district, independent 
of the county board of education, remains in the county board of education, 
and such property may be disposed of by the county board in such manner 
as it deems equitable and just. 

2. Control of School Property Vested in Committee and County Board. — 
Under sections -'lUH and ^125 the school committee and the county board 
of education have full power to control the school property and to make 
rules and regulations for its control in such manner as they deem best for 
the interest of the public schools and the cause of education. The county 
board of education unquestionably has the entire control of the property in 
a district in which the committee has resigned. (April 17, 1908.) 

3. Proceeds from Sale of School Property. — It is no violation of the spirit 
of the law to appropriate the proceeds from the sale of school property for 
the purpose of purchasing other property in the same or an enlarged district, 
although the full per cent of the annual fund allowed for building m.ay have 
been set aside for the district. 

4. Condemnation Proceedings, When and How Instituted. — Under section 
'il31 of the Public School Law the county board of education has authority 
to select a site for a schoolhouse and secure the same, to the extent of three 
acres, by condemnation, if it cannot be obtained otherwise. In accordance 
with this section, appraisers shall be appointed by the clerk of the Superior 
Court to appraise the value. Section 'tlSl. 

5. Land Acquired by County Board Does Not Revert to Heirs. — Land ac- 
quired by the county board of education through condemnation proceedings, 
when it ceases to be used for school purposes, does not revert to the heirs 
of the original owner, but as the board acquires a title in fee simple, the 
board can give a title in fee simple. (June 12, 1911.) 

6. Property Deeded for School Purposes: When it Reverts to Heirs.— 
Property deeded for school purposes to school trustees or to the county 
board of education except by fee simple deed, reverts to the heirs of original 



125 

owners when it ceases to be used for the purposes set out in the deed. 
(March 17, 1909.) 

7. Insurance on School Property, How Paid. — Every school district is per- 
mitted to spend twenty-five dollars a year out of its apportionment of the 
county school fund for necessary incidental expenses; a larger amount for 
such expenses must be approved by the county board. A reasonable amount 
of insurance could be carried on the school property of a district and the 
premium paid out of the twenty-five dollars allowance. The premium could 
not be paid out of the county reserve fund because that fund is limited to 
the payment of the expenses of the county board and the county superin- 
tendent's salary. As the title to school property is vested in the county 
board of education, it can insure it and order payment out of funds appor- 
tioned to district. 

(b) 

8. Plans for Schoolliouses Must be Approved and Buildings Inspected. — It 

is true that plans and specifications for schoolhouses are provided at the 
office of the Superintendent of Public Instruction. Furthermore, the law for- 
bids the erection of any public schoolhouse that is not built in accordance 
with plans approved by him. Of course, this does not mean that all school- 
houses must be built after the plans and specifications that have been pre- 
pared for distribution from this office, but other plans may be submitted for 
his approval, as is often done. Section ^^2^ also requires all new school- 
houses to be inspected, received and approved by the county superintendent 
before full payment is made therefor. 

9. Doors of Schoolhouses Must Open Outward. — Under the provisions of 
chapter 637, ^cts of 1909, the doors of schoolhouses having more than one 
room, whether in towns or in the rural districts, must be so hung as to open 
outward. (July 12, 1909.) 

10. One-half of the Cost of New Schoolhouses May be Paid by County 
Board. — Section 4124 clearly means that the county board, out of the building 
fund which it may reserve by the provisions of section 4^-?<j, shall not pay 
exceeding one-half the cost of building any new schoolhouse, the other half 
of the expense to be borne by the district. But the board has complete con- 
trol of the whole subject, and may forbid the erection of a schoolhouse in a 
district which ought not to exist. It must be remembered that no house can 
be built unless it is built in accordance with plans approved by the State 
Superintendent, and the county board is charged with the duty of carrying 
into effect this provision to secure neat, comfortable and attractive houses. 
Pamphlets containing plans of such houses as will be approved by the State 
Superintendent, together with specifications, estimates of cost and bills for 
materials, will be furnished by the State Superintendent on application. 
The purpose of limiting the amount of the school fund that can be annually 
expended for the school buildings was to prevent the hurtful decrease of the 
school term. Using the proceeds of the sale of old school property for new 
and better property is simply exchanging school property, and need not be 
accounted for in the annual apportionment of the school fund of the county. 

11. Public School Building Not Subject to Statutory Lien. — "A public 
school building, vested in trustees for public school purposes, is not sub- 
ject to a statutory lien for materials furnished for its contractor in the 



126 

absence of a statute indicating a legislative purpose to the contrary." 150 
N. C, 680. (December 13, 1911.) 

12. New Building's. — Sections 4116 and 4124 authorize county paying half 
cost of building out of county building fund, and taking out of district fund 
balance unless otherwise provided for by district. 

Joyner to J. O. Carr, December 3, 1914. 

XII. 
MISCELLANEOUS. 

1. Contracts with Priyate Scliools Authorized; Contracts with Sectarian or 
Denominational Schools Forbidden.— Section Uol of the Public School Law 
expressly gives authority to the school committee to contract with the 
teacher of a private school, regularly conducted for at least six months in 
the year, to use the public school fund in connection with the private school 
to give instruction to all pupils between the ages of six and twenty-one years 
in the branches of learning taught in the public schools, under the condi- 
tions prescribed in that section. I have ruled that the term private school 
does not include sectarian and denominational schools. There is, therefore, 
not only no authority for making any contract with these schools for the 
use of public schol funds, but contracts with such schools are forbidden. 

2. Compulsory Vaccination, Sanitary Committee May Order. — Section ^-3)7, 
Volume II, The Revisal of 1905, provides that the sanitary committee of the 
county may make such regulations and provisions for the vaccination 
of all the inhabitants of the county and impose such penalties as 
they deem necessary to protect the public health. Sections 3453 and 
3455, Volume I, The Revisal of 1905, make any person violating these rules 
and regulations guilty of a misdemeanor. Therefore, if the sanitary com- 
mittee of a county legally orders compulsory vaccination for the people of a 
town, it is the duty of the school authorities and patrons of the schools to 
obey the order. It is especially the duty of all teachers and school officers to 
inculcate in children the spirit of obedience to law. See section 23, chapter 
62, Laws 1911. 

3. Only Colleges and Universities Can Confer Degrees; Power Given by 
Legislature. — Only a chartered college or university can issue a diploma or 
confer a degree. Colleges and universities have no power to confer degrees 
or grant diplomas unless the power is expressly given by legislative enact- 
ment. (February 23, 1909.) 

4. Use of Schoolhouse for Religious Purposes. — The schoolhouse is the 
property of all the people, built by the taxes of all the people, and, while it 
is under the control of the county board of education and the school com- 
mittee, the continuous use of it for the benefit of only a part of the people 
consisting of one religious denomination is always subject to criticism from 
some of the people belonging to other denominations; and, for that reason, I 
think it usually unwise to permit a schoolhouse to be used continuously as 
a. church by one sect or denomination. If one denomination is permitted 
to use it for this purpose other denominations would have the same 
right to demand its use, if needed, and all sorts of complications might 
arise. I think the occasional use of the schoolhouse by any religious de- 
nomination for such a good purpose as the prom.otion of religion among the 



127 

people is for the elevation of the community and is proper, or the use of 
it by a denomination while they are building a church, or getting ready to 
build a church, as an accommodation, it seems to me, ought not to be ob- 
jected to, with the permission of the county board of education and the school 
committee. 

5. County Board of Education does not have right to require individual 
drinking cups. 

Calvert to Joyner February 7, 1913. 

6. The Chairman of a Board of Trustees or other governing body has only 
one vote. That is, he may not vote as a member and also as chairman after 
his vote as a member has been used to bring about a tie. 

Bickett to Joyner, May 23, 1913. 

7. Vaccination Ag-ainst Smallpox and other contagious diseases may be 
required of all school children by Board of Health of any town, city or 
county. 

Bickett to Joyner, November 25, 1913. 

8. Legislature Cannot Raise rate of interest on school bonds without pro- 
viding for an election by the people in the district affected. 

Bickett to Joyner, January 28, 1915. 

9. A City School Board may not use the taxes, levied and collected, for 
school purposes to run a night school for adults, unless special permission 
to this end is granted by Legislature. 

Bickett to Joyner, January 19, 1915. 

10. Position on Sub-Textbook Commission is not to be considered an 
office, and a member of the sub-textbook commission may hold office while 
pursuing his duties as member of such commission. 

Bickett to Joyner, October 7, 1913. 

11. If a School Site has Been Donated with the provision that it reverts to 
owner when no longer used for school purposes, the committee have a right 
to remove or sell the school building, etc., before giving up the site. 

Calvert to Joyner, July 14, 1913. 

12. Not More Than One-third of the funds for the maintenance of the high 
school department in any public high school may be apportioned by the 
county board of education out of the county school funds until a minimum 
school tern) of six months is reached throughout the county. 



INDEX TO PUBLIC SCHOOL LAW 



A 

Abstract tax lists to be furnished county board ^^aV?? 

Accounts of State board ^^l*^ 

Action on bond countv treasurer f ?^f 

Additional powers of countv board. . 7to- 

Admission of students to farm-life school 

Age for free tuition 

Agriculture, elements of, to be taught: ■.::'.■.■.■.:■.;::;: J^lj 

Aim of f arm-hfe school . ^^°" 

Alcoholic drinks, effects of . . . ,„q^ 

Amendments to School Law 1915 *^^ ' 

i^il^ltiTTcSier^Sr:':''^:''^! }'' ^^^^^^^ 'operations "of" lokn fund ! ! i' - 4092 

Apportionment, basis of 4?? 7 

Apportionment county school fund.' '. '. f}}l 

Apportionment income permanent fund Ano^ or 

Apportionment special tax funds ' ' ' 2^^t^i 

Apportionment unused funds .... ^7i« 

Appropriation for libraries A^r^Q 

Appropriation for farm-life schools. ... 

Arithmetic to be taught '. *. .(,o„ 

Attendance compulsory VnaL 

Attendance on institutes fV^v 

Attendance officer .' . , * *-'^" ' 

Attorney-General member of' State board.' '..'.'.'.'.'.'. ^o^n 

Auctioneers' license taxes ' IV 07 

Auditor member State board •■ ^^-^ ........ [y... '.y.'. .['.'. 4030 

B 

Basis of apportionment school fund ., , r- 

Biennial report State Superintendent '. ^nia 

Board of trustees farm-life school ^^"^ 

Bond of treasurer of school fund . 1 co 

Bonds for farm-life school '.'.'.'.'.'.'.'.'.* 

Bonds for schoolhouses — Statewide law 

Bonds for schoolhouses in cities and towns — Statewide law ' ' ' " 

Bookcases for libraries a.i 7/t 

Branches to be taught in public schools." !!.'!.'.'!!.' Iost 

Building fund, provided for ^V^^ 

can bear only half cost of new house. ..'..'.'.'.'.'. Itsd 

Buildings and equipment for farm-life school '.'. '.".'.'.'.'.'.'.'.'.'. '. 

C 

Canvass of vote in special tax elections ^i 1 = 

Census taken by committee 4x±o 

Cei^tification of "teachers . . . . , eo 

Child labor .'.'.'.'.'.'. 

Cities and towns may levy special tax . . . . a-ita 

Civil government to be taught ^/jo^ 

Civil liability of sheriff for failure to settle school taxes.* .' .' ' aVii 

Closing school, nonattendance a^T-h 

time of. fixed j]^^ 

Collection of school taxes ^fri; 

special taxes . . . 411*_ir 

Committee, apportionment special tax funds . .'. ^n q_Tc 

care of propertv ' ' 4147 

census deaf and dumb and blind children ' " ' " 4140 

chairman of 414fi 

compensation of ...*.'.'.'.'!..!...".'.' 414^ 

contract with private school [...]..].. 4151 

dismissal of teacher 41 ri 

district or township .........[]...... 4145 

election of 4145 

employment of teachers .'..."...'.*...'.."*..'.'...' 4161 

expenditures by \[ 4149 

illiterates reported by .'...'.:....*:..'...'!!.'' 4148 

notification of apportionment at-ir 

oath of '.'...'.'.'.'.'.'.'.'.'.'.'.." loss 

not to overdraw account 4150 

records '.'.'.'.y. '.'.'. '.'..'. 4149 

removal 4126 

report value of school property .*....'."...' 4148 

secretary of ' y. 4146 

sign order for salary of teacher '. . . . 4164 ' 

special tax districts y. ... . 4115 



33 



Page 
32 
25 
52 
40 
104 
27 
28 
98 
28 

6-23 
29 
24 
38 
36 
30 
5 



62 
104 
28 
27 
59 
88 
24 
31 
24 



38 
28 
98 
51 
100 
8 
10 
61 
28 
36 
40 
99 



35 
88 
55 
92 
34 
28 
32 
58 
40 
32 
33-35 
3L3-35 
49 
49 
49 
48 
50 
55 
48 
48 
55 
50 
49 
36 
28 
50 
50 
41 



49 
58 
35 



129 



Section 

Committee, term of office 4145 

township high school 4113 

Composition to be taught 4087 

Compulsory attendance 4085 

Condemnation of school site 4131 

Constitution North Carolina and United States to be taught 4087 

Construction of school law 4090 

Contingent expenses State board 4031 

Contingent fund 4116 

Contract for schoolhouses in writing 4124 

Corporate name of farm-life school 

Cost of building, one-half from building fund 4124 

Criminal liability of sheriff for failure to settle taxes 4111 

Corporate powers 4030 

County board, additional powers of 4125 

apportionment of county fund 4116 

compensation of 4134 

contracts for schoolhouses 4124 

dismissal of teacher 4127 

districts, special tax, formed 4115 

donations to 4130 

duties of 4121 

election of 4119 

election of county superintendent 4135 

equalize school term 4116 

estimate for four-months term 4112 

examination reports of superintendent and treasurer 4134 

farm-life schools 

fix time opening schools 4123 

grade schools 4116 

investigations 4127 

list fines reported to 4108 

loans to districts 4055 

may close school, nonattendance 4164 

may punish for contempt 4128 

may require reports of treasurer. . , 4160 

members may be removed 4126 

members take oath of office, when 4120 

meetings, number of 4133 

must use approved plans of houses 4124 

notification to committeemen of apportionment 4116 

oath of 4088 

obey instructions State Superintendent 4090 

power to create and abolish districts 4129 

power to make regulations to secure attendance 

qualifications for membership 4119 

race discrimination prohibited 4116 

removal county superintendent 4126 

secretary of 4139 

sale of school property 4130 

shall fix salary of all teachers 4116 

site for school may be condemned 4131 

taxation for schools 

term of office 4119 

unused funds 4116 

vacancy 4119-20 

County commissioners appoint special tax election officers 4115 

must levy tax for four months school 4112 

order special tax district elections 4115 

County officers to file list of fines, etc 4108 

County school fund, what 4107 

Course of study 4087, 4113 

County superintendent, advises committeemen 4142 

attendance on State association 4141 

conducts examinations 4162 

distributes blank forms 4142 

election of 4135 

examinations, private 4162 

fee for private examination 4162 

holds teachers' meetings 4140 

inspection new houses 4124 

keeps an index of deeds 4132 

must not teach school 4138 

must reside in county 4138 

must visit schools 4141 

office at county seat . 4139 

qualifications of 4135 

removal from office 4126 

report deaf and dumb and blind children 4144 

report to State Superintendent 4143 

salary of 4144 

secretary county board 4139 



Paige 
48 
33 
28 

27, 87 
43 
28 
29 
25 
36 
40 

104 
40 
32 
24 
40 
36 
44 
40 
41 
35 
42 
39 
38 
44 
36 
32 
44 

93, 98 
40 
36 
41 
61 
26 
58 
42 
54 
41 
39 
43 
40 
36 
28 
29 
42 
90 
38 
36 
41 
46 
42 
36 
43 
81 
38 
36 

38-39 
35 
32 
35 
31 
31 

28, 33 
46 
46 
55 
46 
44 
55 
55 
46 
40 
43 
45 
45 
46 
46 
44 
41 
47 
47 
47 
46 



9 — Public School Law 



130 



Section 

County superintendent signs all orders on treasurer 4154 

term of office 4135 

County treasurer made treasurer of school fund 4152 

compensation 4152 

Construction of School Law 

D 

Date for payment of loans 4054 

Day, what constitutes 4163 

Deaf and dumb and blind children reported 4144 

Deaf children must attend 

Deeds to school property filed with clerk of court 4132 

Discrimination against any race forbidden 4085 

Dismissal of teachers 4161 

Distribution of $250,000, per capita 

Distribution blank forms by county superintendent 4142 

Districts, account kept treasurer 4157 

bear one-half cost of building 4124 

created or abolished by county board 4129 

how formed ' 4129 

loans to 4055 

may jointly employ superintendent 4137 

may vote special tax 4115 

must have 65 census 4129 

Donations may be accepted by county board 4130 

Drawing must be taught ' 4087 

Duties and powers of county board 4121 

Duties State Superintendent 4089-92 

E 

Effects of narcotics taught 4087 

Election, county board 4119 

county superintendent 4135-36 

farm-life school board 

special district tax 4115 

special tax in cities and towns 4114 

special county tax 

township high school tax 4113 

Employment of teachers, method 4161 

Enforcement of school law by State Superintendent 4090 

English grammar to be taught 4087 

Enlargement of libraries ; 4177 

Enlargement special tax districts 4115 

Equalizing school fund. State 

Estimate for four-months school term , 4112 

Estrays, proceeds of sale of 4107 

Examinations, private 4162 

time of 4162 

teachers 4162 

Examiners, State Board of 4162 

Exchange, libraries 4176 

Execution school law 4125 

Exemption certain schools from chapter 89 4029 

Expenditures by committee 4149 

Extension and demonstration work 

F 

Failure county treasurer to make report misdemeanor 4160 

Failure member of county board to qualify creates vacancy 4120 

Farm-life school (Guilford) 

Farm-life school : 

aim 

admission of students 

appropriation of State funds 

board of trustees 

buildings, etc 

bonds to be issued 

corporate name 

cei'tification of teachers 

extension and demonstration 

election in county 

election in township 

high school in connection with 

location 

treasurer of 

Fee for private examination » 416- 

Fines belong to school fund '^^^1 

Fines, list of, reported to county board 4108 

Fiscal year 4118 

Forfeitures belong to school innd } 1 

Formation of special tax districts 4115 



Page 
52 
44 
51 
51 
105-127 



26 
57 
47 
76 
43 
27 
55 
82 
46 
53 
40 
42 
42 
26 
45 
35 
42 
42 
28 
39 
28-29 



28 
38 

44-45 
98 
35 
34 
81 
33 
55 
29 
28 
61 
35 
82 
32 
31 
55 
55 
55 
55 
61 
40 
24 
50 

)5, 103 



54 
39 
93 

98 

104 

104 

98 

99 

100 

104 

103 

103 

99 

100-101 

102 

98 

104 

55 

31 

31 

38 

31 

35 



131 



Section 

Forms to be printed by State Superintendent 4089 

Four-montlis school required 4112 

Freeholders, petition for local tax 4113-15 

Funds, apportionment special tax 4113-15 

repaj'ment of loans 4055 

G 

General power county board to execute school law , 4125 

Geography to be taught 4087 

Government, elements of civil, taught 4087 

Governor member State board 4030 

Grade of school considered in fixing salary of teacher 4116 

Guilford Farm-life School 

H 

Health law 

High school certificate 4162 

High school law 

High schools for townships 4113 

High school subjects taught in what schools 4113 

History to be taught 4087 

Houses must be built according to approved plans 4124 

How township high school tax may be voted 4113 

Hygiene to be taught 4087 

I 

Illiterates reported by committee 4148 

Income permanent fund, how apportioned 4094 

Index deeds to school property 4132 

Indians of Robeson County have separate schools. .~ 4085, 4168, 4171 

Inspection new schoolhouses 4124 

Installment on loans 4054 

Institutes 4167 

Investigations, county board 4127 

Investment fund, State board 4035 

L 

Language lessons taught 4087 

Liability of sheriff for school taxes 4111 

Libraries, appropriation for 4179 

bookcases for 4174 

cities and towns excluded 4178 

enlargement of 4177 

exchange of 4176 

how established 4172 

managers of 4172 

number established limited 4178 

rules for 4175 

State contribution 4173 

License, proceeds auctioneers' 4107 

Lieutenant-Governor member State board 4030 

Limitation on building fund 4116 

Liquor license tax, proceeds of 4107 

List fines, penalties, etc., to be furnished 4108 

List taxes, separate columns for school taxes 4109 

Literary fund, property of 4033 

Loans, building schoolhouses 4053-56 

how repaid 4054 

how secured 4055 

school districts 4056 

Location of farm-life school 

M 

Maximum salary teacher fixed by county board 4116 

Meetings county board, number of 4133 

Meeting, teachers' 4140 

Members county board, oath of 4088 

Members State board, who 4030 

Minimum salary to holder State certificate 4163 

high school certificate 4162 

Month, what constitutes 4163 

N 

Negroes may not attend white schools 4086 

Nonattendance, closing schools for 4164 

No race discrimination 4116 

Notes for school loans deposited with^State Treasurer 4054 



Page 

28 

32 

32-35 

33-35 

26 



40 
28 
28 
24 
36 
93 



79 

55 

72 
33 
33 
28 
40 
33 
28 



49 
30 
43 
27,62,63 
40 
26 
59 
41 
25 



28 
32 
62 
61 
62 
61 
61 
60 
60 
62 
61 
61 
31 
24 
36 
31 
31 
31 
25 
26 
26 
26 
26 
93, 98 



36 
43 
46 
28 
24 
55 
55 
57 



26 



132 



*-' Section 

Oath of office school officers 4088 

Office days county treasurer 4156 

Officers school system to obey instriictions State Superintendent 4090 

Officers State board 4031 

Office State Superintendent miist be at capital 4089 

Opening of schools, time fixed 4123 

Omnibus bill 

P 

Payment apportionment from permanent fund 4095 

Payment schoolhouse loans 4054 

Penalties, list of, to be filed with county board 4108 

Penalties, proceeds, belong to school fund 4107 

Permanent school fund, what 4093 

Petition for local tax election 4113—15 

Physiology taught 4087 

Place of meeting State board 4031 

Plans used for building schoolhouses 4124 

Poll holders for special tax election 4115 

Powers and duties county board 4121 

Power of county board to punish for. contempt 4128 

Powers of State board • 4033 

President of State board 4031 

Private school, contract with 4151 

Private examinations 4162 

Proceedings State board must be kept 4032 

Property of literary fund 4033 

Public school, law to be printed 4089 

studies . 4087, 4113 

system uniform 4085 

Pupils, may be dismissed . . 4166 

rules for attendance 4122 

Q 

Qualifications membership coimty board 4119 

office county superintendent 4135 

teacher considered in fixing salary 4116 

Quorum State board 4031 

R 

Races must have equal school term 4116 

separate schools for 4085 

Rate special tax 4113-15 

Reading to be taught 4087 

Recommendations State Superintendent 4089 

Register of deeds to furnish abstract of tax lists 4110 

Registrar for special tax elections 4113-15 

Registration for special tax elections 4113-15 

Removal school officers 4126 

Repayment loans 4054 

Report county superintendent to State Superintendent 4143 

State Superintendent to Governor 4089 

teacher's monthly • 4164 

Reports county treasurer and superintendent examined 4134 

of treasurer required 3839, 4153 

Riiles. establishment township high schools -. 4113 

libraries 4175 

Rules and regulations, school attendance 4122 

Rural libraries 4172-79 

S 

Salary county superintendent .■ . 4144 

teacher, fixed bv county board 4116 

teacher, paid, how 4164 

School age 4085 

School commitee, election of 4145 

committee, oath of 4088 

committee, township high school 4113 

day, length of 4163 

district, must have 65 census 4129 

districts, how formed 4129 

fund, apportionment 4116 

fund, permanent 4093 

house loans 4053 

houses, building of *• 4124 

law to be published 4089 

month, length of 4163 

officers to obey instructions 4090 

property, charge of committee 4147 

property may be sold 4130 

separate for each race 4085 



Page 
28 
53 
29 
25 
28 
40 
16-23 



30 
26 
31 
31 
30 

33-35 
28 
25 
40 
35 
39 
42 
25 
25 
50 
55 
25 
25 
28 

28, 33 
27 
59 
39 



38 
44 
36 
25 



36 
27 

33-35 
28 
28 
32 

33-35 

33-35 
41 
26 
47 
28 
58 
44 

54, 52 
33 
61 
39 

60-62 



47 
36 
58 
27 
48 
28 
33 
57 
42 
42 
36 
30 
26 
40 
28 
57 
29 
49 
42 
27 



133 



Section Page 

School sites, how acquired 4131 43 

taxes in separate column 4109 31 

School term must be foiir months 4112 32 

term, races equal 4116 36 

township high 4113 33 

year 4118 38 

Schools exempt from provisions chapter 89 4029 24 

Secretary county board 4139 46 

State board 4031 25 

of State member State board 4030 24 

Security for loans 4055 26 

Separate schools for races 4085 27 

Sheriff's liabiiity for school taxes 4111 32 

Special permanent school fund 4093 30 

Special tax, apportionment 4113-15 33-35 

county 4112 32 

districts 4115 35 

four-months school 4112 32 

towns and cities 4114 34 

township high school 4113 33 

Spelling taught 4087 28 

State appropriation for schools 82 

State Association County Superintendents 4141 46 

State board 4030-35 24-25 

corporate powers 4030 24 

examiners 4162 55 

makes schoolhouse loans 4053-56 26 

proceedings kept 4032 25 

powers of 4033 25 

quorum 4031 25 

State certificate 4162 55 

State Superintendent 4089-92 28-29 

biennial report 4089 28 

enforcement school law by 4090 28 

member State board 4030 24 

office at capital 4089 28 

print school law 4089 28 

recommendations 4089 ■ 28 

report to include loan-fund operations 4092 29 

State equalizing fund 82 

State Superintendent secretary State board 4031 25 

Studies required 4087, 4113 28, 33 

Supplementary libraries 4177 61 

T 

Tax lists, abstracts furnished county board 4110 

separate columns for school taxes '. 4109 

Tax, special, for schools 4112-15 32- 

Teacher, age of 4163 

assistant only, with third-grade certificate 4163 

certificate, kinds 4162 

character may be investigated 4127 

dismissed by committee, how 4161 

dismissed by county board, how 4127 

employed, how 4161 

examination 4162 

high school certificate 4162 

institute attended by 4167 

keep register 4165 

may dismiss pupils 4166 

meetings ' 4140 

monthly report 4164 

must not be member county board 4119 

no exemption from examination 4163 

qualifications considerpd in fixing salary '. . . . . 4116 

record census in school register 4148 

report to county superintendent 4165 

rules and regulations for 4122 

salary, how paid 4164 

salary for holder of second-grade certificate . 4163 

salary, maximum, fixed by county board 4116 

State certificate 4162 

suspended, how 4141 

Temperance instruction 

Term, committeemen 4145 

continuous 4163 

county board 4119 

county superintendent 4135 

each race equal 4116 

four months in each district 4112 

Time opening and closing schools 4123 

Township high school committee. . . -.^ 4113 



32 
31 
-35 
57 
57 
55 
41 
55 
41 
55 
55 
55 
59 
58 
59 
46 
58 
38 
57 
36 
49 
58 
39 
58 
57 
36 
55 
46. 
77 
48 
57 
38 
44 
36 
32 
40- 

3a 



134 



Section 

Treasurer, all orders must be signed by county superintendent 4154 

bond 4152 

county treasurer made treasurer school fund 4152 

district account kept 4157 

duties on expiration of term 4159 

exhibit books to county board 4160 

failure to report 3839, 4160 

farm-life school 

general account 4154 

literary fund 4034 

office days 4156 

report examined 4134 

report to State Superintendent 4158 

State board 4031 

State board to render account 4034 

U 

Uniform system public schools 4085 

Unused funds reapportioned 4116 

V 

Vacancy county board, how filled 4119 

office superintendent, how filled 4135 

Visiting schools required 4141 

W 

"Warrants for loans issued by Auditor 4053 

Weak districts aided by county funds 4116 

Writing to be taught. 4087 

Women on school committees ; . . . 

Y 

Year, school, what 4118 



Page 
52 
51 
51 
53 
53 
54 
54 
98 
52 
25 
58 
44 
53 
25 
25 



27 
36 



26 
36 
28 
97 



38 



135 



INDEX TO RULINGS. 

Committeemen and Trustees Sec. Ill, Page 111 

Compulsory School Law Sec. A, Page 106 

County Board of Education Sec. I, Page 108 

County Superintendent Sec. II, Page 111 

I^ibraries Sec. VIII, Page 119 

Loans Sec. VIII, Page 119 

Miscellaneous Sec. XII, Page 126 

Patrons and Pupils Sec. V, Page 115 

School Districts Sec. VI, Page 116 

School Funds Sec. IX, Page 120 

School Property Sec. XI, Page 124 

Special Tax District Sec. X, Page 122 

Teachers Sec. IV, Page 113 

Text-Books Sec. VII, Page 119 



LIDMMHY Uh UUNGRESS 



020 312 219 6 



